(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.5 no. 11 (9/4/1990)"

«FM/f^34'//^r 'Nb'^ 



RECEIVED 



The 
\NORTH CAROLINA 

REGISTER 



SEP 1 1990 
EAW LIBRARY 



; ^OKTH 



cts^!■r^ 

TITU 



IN THIS ISSUE 



EXECUTIVE ORDER 

PROPOSED RULES 

Agriculture 

Economic and Community Development 

Environment, Health, and Natural Resources 

Mortuary Science 

Nursing Home Administrators 

Practicing Psychologists 

State Personnel 

FINAL RULES 

Correction 
Transportation 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: SEPTEMBER 4, 1990 
Volume 5 • Issue 11 • Pages 724-791 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The \ortli Carolina Register is published bi-monthly 
and contains information relating to agency, executi\e, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
\\ill topically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for-24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666. Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment: a reference to the Statutory 
Authorit\' for the action and the proposed effecti\"e date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\ision of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 da>s must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request b\ the agen- 
cy, the adopted version w ill again be published in the 
.\'orth Carolina Register. 

.\ rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules mav be withdrawn by the 
promulgating agency at any time before final action is 
taken b\^ the agency. 

TEMPORARY RULES 

Under certain conditions of an emergencv nature, 
some agencies ma\' issue temporarv rules. A temporar>' 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary' rul 
must begin normal rule-making procedures on the pei 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is a\ailable in two formats. 

(1) Single pages may be obtained at a minimun 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0.15) per eac> 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. I 
one year subscription to the full publication in 
eluding supplements can be purchased foi 
se\en hundred and fift\' dollars ($750.00). In 
di\idual \olumes may also be purchased wit! 
supplement service. Renewal subscriptions foi 
supplements to the initial publication available 

Requests for pages of rules or \olumes of the NCAC 
should be directed to the Office of Administrativ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefulh . 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue 
page number and date. 1:1 NCR lOUaOl, April 1, 198 

refers to Volume 1, Issue 1, pages 101 through 201 o 
the .\'orth Caroli)ia Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrati\e Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement seniceby 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
($750.00). Indi\idual \olumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 
P. O. Drawer 11666 
Raleigh, AC 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 



I. f:XECUTIVE ORDER 

Executive Order 123 724 

II. PROPOSED RULES 

Agriculture 

Markets .'....737 

Plant Industry 739 

State Fair 737 

Economic and Community 
Development 
Hazardous Waste 

Management Commission 742 

Milk Commission 741 

Environment, Health, and 
Natural Resources 
Environmental Management.... 744 

Land Resources 744 

Wildlife Resources 
Commission 748 

Licensing Boards 

Mortuary Science, Board of 749 

Nursing Home Administrators, 

Board of lixaminers for 750 

Practicing Psychologists, 
Board of Examiners of 755 

State Personnel 
Office of State Personnel 756 

III. EINAL RULES 

Correction 

Division of Prisons 762 

Transportation 

Division of Highways 765 

Division of Motor Vehicles 773 

rV . ARRC OBJECTIONS 784 

V. RULES INA ALIDATED BY 

JUDICLAL DECISION 787 

VL CUMULATIVE INDEX 789 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Dav 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++++++++ 


++++++*+ 


++++++++ 


*+++++++ 


+++++*+^ 


04,02 90 


03/12/90 


03/19/90 


05 02,90 


08/01/90 


04,16,90 


03/23/90 


03/30/90 


05/1690 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05 15,90 


04/24 90 


05/01/90 


06/14/90 


09,01 90 


06 01 90 


05 10,90 


05/17/90 


07/01/90 


10/01/90 


06 15,90 


05,24 90 


06/01/90 


07/15/90 


10/01/90 


O7,02,'9O 


06/11/90 


06/18 90 


08/01/90 


11,-01/90 


07,'16,'90 


06/22;'90 


06/29/90 


08/15/90 


11/01/90 


08/01/90 


07/11/90 


07/18/90 


08/31/90 


12/01/90 


08 15 90 


07/25/90 


08 01 '90 


09' 1490 


12,01/90 


09 04 90 


08/13/90 


08/20 90 


10 04/90 


01/01/91 


09 14 90 


08/2490 


08/31/90 


10/14/90 


01/01/91 


10-01/90 


09/10/90 


09/17/90 


10/31/90 


02/01/91 


10/15,90 


09/25/90 


10/02/90 


11/14/90 


02/01/91 


11,01/90 


10/11/90 


10/18/90 


11/30/90 


0301/91 


11 1590 


10/24/90 


10,''31 90 


12/14 90 


03/01/91 


120390 


11/08/90 


11/15 90 


01/02/91 


0401/91 


12/14,90 


11/21/90 


11/30/90 


01/13,91 


0401/91 


01/0291 


12/07/90 


12/14/90 


0201/91 


05'01/91 


01,15,91 


12 20/90 


12/31/90 


02/14,91 


0501/91 


02 01 91 


01 10/91 


01/17,'91 


0303 91 


06/01/91 


02 15 91 


01/25/91 


02/01/91 


0317, 91 


06-01/91 


03 01 91 


02 08/91 


02/15/91 


03 31 91 


070191 


03,-15 91 


02 22 91 


03/01/91 


04 14/91 


0701/91 


04/01,91 


03, 119 1 


03/18 91 


05 01,91 


08 01 91 


04 15;91 


03 2291 


04/01/91 


05/ 15 91 


08,'01/91 


05 01 91 


04 10 91 


04/17-91 


05 31 91 


09 01 91 


05 15 91 


04 24 91 


05/0 19 1 


06 14 91 


09 01/91 


06,03,91 


05 10 91 


05/17/91 


0703 91 


1001/91 


06 14 91 


05 23 91 


05/31 91 


07/14 91 


10 01,91 


07/01/91 


06/10 91 


06/17/91 


07/31,91 


1101/91 


07/15 91 


06/21 91 


06/28 91 


08 14 91 


11 01 91 


08 0191 


07/11 91 


07/18 91 


08 31 91 


1201 91 


08 15 91 


07/25/91 


08/01 91 


09 14 91 


12 01/91 


0903 91 


08'12 91 


08/19/91 


10 03 91 


01 01/92 


09/16,91 


08 23 91 


08/30/91 


10 16/91 


01/01/92 


10 01 91 


09/10 91 


09/ 17 '91 


10 3191 


0201/92 


10, 15-91 


09-24/91 


10/01'91 


11 14 91 


02/01/92 


11 01'91 


10, 1191 


1018 91 


12 01 91 


03 01 92 


11/1591 


10/24/91 


10/31/91 


12 15 91 


03 01/92 


12 02 91 


11/07,91 


11 14 91 


01 01 92 


04 01/92 


12 16 91 


11/21/91 


12 0291 


01 15 92 


04 01/92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\-e Rules Re\'iew 
Commission by the 20th of the same calendar month and that ARRC approves 
the ndc at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECLTIVE ORDER NLMBER 123 

LMFORM FLOODI'LAIN MANAGEMENT 

POLICY 

WHEREAS, the National Flood Insurance Pro- 
gram incorporated at 42 U.S.C. 4001-4128 au- 
thorizes the establishment of floodplain 
management regulations applicable to state-- 
owned properties; and 

WHF-REAS, Governor James B. Hunt, Jr., es- 
tablished a Uniform Floodplain Management 
Policy for State agencies by Executive Order 
Number 31 signed on February 1, 1979, to pro- 
vide for sound management of state-owned 
properties as they relate to potential flood haz- 
ards; and 

WHEREAS, the federal regulations for 
floodplain management, 44 C.F.R. Chapter 1, 
Parts 59 through 77 (1989), were revised making 
Executive Order Number 31 outdated; and 

WHEREAS, there is a substantial need to update 
the Uniform Flood Management Policy in ac- 
cordance with the revisions made in 44 C.F.R. 
Chapter 1, Parts 59 through 77 (1989); 

NOW, THEREFORE, IT iS HEREBY OR- 
DERED: 

Section j^ The U'niform Floodplain Manage- 
ment Policy established by Executive Order 
Number 31, February' 1, 1979, is hereby 
rescinded. 

Section 2^ 1 hereby establish a new Uniform 
Floodplain Management Policy which accurately 
reflects aU authority, responsibilities and func- 
tions of State agencies. 

Section 3^ The Department of Administration 
shall administer a Uniform Floodplain Manage- 
ment Policy for State Agencies. By agreement 
between the Department of Transportation and 
the Department of Administration, the Depart- 
ment of Transportation shall work directly with 
the Federal Department of Transportation ;md 
the Federal Emergency Management Agency to 
apply appropriate standards and management to 
comply with the Floodplain Management Policy 
relevant to highway construction within 
floodplains. This order shall apply to those lands 
as defmed in Chapters 143 and 146 of the North 
Carolina General Statutes and including but not 
limited to public waterways, marshes, Estuarine 
waters, and to privately-owned land and im- 
provements which arc leased to the State of 
North Carolina or any of its agencies. I his order 
in no way affects municipal or county zoning 
authority pursuant to General Statutes Chapter 
i60A, yVrticle 19, Part 3 and Chapter 153A, i\x- 



ticle 18, Part 3; however, in cases of conflict be- 
tween Municipal and County Floodway 
Regulations pursuant to Chapter 143, Article 2, 
Part 6 and the provisions set forth in this order, 
the Department of Administration shall investi- 
gate the area of conflict and make appropriate 
determinations to comply with the intent of this 
order. 

Section 4^ To encourage State agencies to work 
within the existing statutes of the State of North 
Carolina to establish a Uniform Floodplain 
Management Policy, the following statutes and 
codes, and revisions thereto, though not repeated 
herein, are hereby incorporated by reference: 

A. Chapter 58, Section 193, Commissioner 
of Insurance - Required to Inspect State 
Property 

B. Chapter 113, Article 1, Estuarine Waters 
and State Owned Uakes 

C. Chapter 113A, Article 1, Environmental 
Policy Act 

D. Chapter 113A, Article 4, Sedimentation 
Pollution Control Act of 1973 

E. Chapter 113A, /Vrticle 7, Coastal Area 
Management Act of 1974 

F. Chapter 113A, Article 7A, Coastal and 
Estuanne Water Beach Access Program 

G. Chapter 1 13A, Article 9, Land Policy Act 
II. Chapter 143, Article 1, Executive Budget 

Act 
I. Chapter 143, Article 8, Public Building 

Contract 
J. Chapter 143, .Article 36, Department of 

Administration 
K. Chapter 143, Article 21, Section 214.1 

Water Quality Standards 
L. Chapter 143, Article 21, Section 215, 

Effluent Standards and Limitations 
M. Chapter 143, Article 21, Part 6, Floodway 

Regulations 
N. Chapter 143B, .Article 9, Part 3, N.C. 

Capital Planning Commission 
O. Chapter 146, Articles 5, 6 and 7 Acquisi- 
tion and Disposition of State Lands 
P. Chapter 153A, Article 18, Part 3, County 

Zoning Authority 
Q. Chapter 160A, Article 19, Part 3, Local 

Zoning Authority 
R. North "Carolina State Building Code 1978 

Edition and amendments 
S. PL 92-500 PoUution Control Act of 1972 
T. 44 CFR Parts 59 - 76. NFIP and Related 

Regulations 
U. Title 16 L'SCS Chapter 33, Coastal Zone 

.Management 
V. Title a uses Chapter 15, Flood Control 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



724 



EXECUTIVE ORDER 



W. Title 42 uses Chapter 50, Flood Insur- 
ance 

Section 5. Definitions. It is not the intent of 
this order to create any new terms or phrases. 
The terms and phrases used herein shall be in- 
terpreted to conform with existing common us- 
age, statutes, or other applicable regulations as 
follows: 

1. ".Appeal" means a request from a review 
of the local administrator's interpretation 
of any provision of this order. 

2. ".Addition (to an e>dsting building)" means 
any walled and roofed expansion to the 
perimeter of a building in which the addi- 
tion is connected by a common load- 
bearing wall other than a frre wall. .An\' 
walled and roofed addition which is con- 
nected by a tire wall or is separated by 
independent perimeter load-bearing walls 
is new construction. 

3. "Area of shallow flooding" means a desig- 
nated AO or \'0 Zone on a community's 
Flood Insurance Rate .M.^p (FIRM) with 
base depths from one to three feet where 
a clearly defmed channel does not exist, 
where the path of flooding is unpredict- 
able and indeterminate, and where \cloc- 
ity flow may be e\idenV: 

4. "Area of special flood ha/ard" is the land 
in the floodplain within a community 
subject to a one percent or greater chance 
of being equaled or exceeded in any given 
year. 

5. "Base flood" means the flood having a one 
percent chance of being equaled or ex- 
ceeded in any gi\'en year. 

6. "Rasement" means that lowest level or 
stop.' which has its floor subgrade on all 
sides. 

7. "Breakaway wall" means a wall that is not 
part of the structural support of the 
building and is intended through its design 
and construction to collapse under specific 
lateral loading forces without causing 
damage to the ele\ated portion of the 
building or the supporting foundation 
system. A breakaway' wall shall have a 
design safe loading resistance of not less 
than 10 and no more than 20 pounds per 
square foot. .A wall with loading resist- 
ance of more than 20 pounds per square 
foot requires a professional engineer or 
architect's certificate. 

S. "Building" means ;my stnicture built for 
support, shelter, or enclosure for an\ oc- 
cupancy or storage. 



9. "Coastal High Hazard Area" means an 
area of special flood hazard extending 
from offshore to the inland limit of a pri- 
mar," frontal dune along an open coast 
and any other area subject to high velocity 
wave action from storms or seismic 
sources. 

"Development" means any man-made 
change to improved or unimproved real 
estate, including, but not limited to, 
buildings or other structures, mining, 
dredging, filling, grading, paving, exca- 
vation or driUing operations, or storage of 
equipment or materials. 

"Flevated Building" means a non- 



10. 



11. 



13. 



basement building (a) built, in the case 
of a building in Zones A1-A30, AE, A, 
A99, AO, AH, B, C, or X to have the top 
of the elevated floor, or in the case of a 
building in Zones V1-V30, VE, or V to 
have the bottom of the lowest horizontal 
structural member of the elevated floor 
above the ground by means of pilings, 
columns (posts and piers), shear walls 
parallel to the flow of water and, (b) ad- 
equately anchored so as not to impair the 
structural integrity of the building during 
a flood up to the magnitude of the base 
flood. In the case of Zones A1-A30, AE, 
A. A99, AO, AH, B, C, and X, "elevated 
building" also includes a building elevated 
by means of fdl or solid foundation per- 
imeter walls with openings sufficient to 
facilitate the unimpeded movement of 
flood waters. In the case of Zones 
V1-V30, VE, or V, "elevated building" 
also includes a buUding otherwise meeting 
the definition of "elevated building", even 
though the area below is enclosed by 
means of breakaway walls if the 
breakaway walls meet the standards of 
Section 8, Subsection E of this order. 

"Existing manufactured home park or 
manufactured home subdi\ision" means 
a manufactured home part or subdivision 
for which the construction of facilities for 
5er\icLng the lots on which the manufac- 
tured homes are to be atTixed (including. 
at a minimum, the installation of utilities, 
the construction of streets, and either fmal 
site grading or the pouring of concrete 
pads) is completed before the effccti^■e 
date of this order. 

"Expansion to an existing manufactured 
home p:irt or subdhision" means the 
preparation of the additional sites by the 
construction of facilities for servicing the 
lots on which the manufactured homes 



'25 



5:11 yORTH CAROLINA REGISTER September 4, 1990 



EXECUTIVE ORDER 



are to be affixed (including the installation 
of utilities, the construction of streets, and 
either final site grading or the pouring of 
concrete slabs). 

14. "Flood" or "flooding" means a general 
and tcmporarv' condition of partial or 
complete inundation of normally dry land 
areas from: 

(A) the overflow of inland or tidal waters; 
and 

(B) the unusual and rapid accumulation of 
runoff of surface waters from any source. 

15. "Flood I lazard Boundary Map 
(FHBM)" means an official map of a 
community, issued by the Federal Fmer- 
gency Management Agency, where the 
boundaries of the areas of special flood 
hazard have been defined as Zone A. 

16. "Flood Insurance Rate Map (FIRM)" 
means an official map of a community, 
on which the Federal Emergency Man- 
agement Agency has delineated both the 
areas of special flood hazard and the risk 
premium zones applicable to the commu- 
nity. 

17. "Flood Insurance Study" is the official 
report provided by the Federal Fm.ergency 
Management Agency. The report con- 
tains flood profiles, as well as the Flood 
Boundary Floodway Map and the water 
surface elevation of the base flood. 

18. "Floodway" means the channel of a river 
or other watercourse and the adjacent 
land areas that must be reserved in order 
to discharge the base flood without cu- 
mulatively increasing the water surface el- 
evation more than one foot. 

19. "Floor" means the top surface of an en- 
closed area in a building (including base- 
ment), i.e., top of slab in concrete slab 
construction or top of wood flooring in 
wood frame construction. The term does 
not include the floor of a garage used 
solely for parking vehicles. 

20. "Functionally dependant facility" means 
a facility which cannot be used for its in- 
tended purpose unless it is located or car- 
ried out in close proximity to water; such 
as a docking or port facility necessary for 
the loading and unloading of cargo or 
passengers, shipbuilding, ship repair, or 
seafood processing facilities. The term 
does not include long-term storage, man- 
ufacture, sales, or ser\'ice facilities. 

21. "Highest Adjacent Grade" means the 
highest natural elevation of the ground 
surface, prior to constmction, ne.\.t to the 
proposed walls of the structure. 



22. "Historic Structure" means any structure 
that is: (a) listed individually in the Na- 
tional Register of Historic Places (a listing 
maintained by the LS Department of In- 
terior) or preUminarily determined by the 
Secretary of Interior as meeting the 
reqirements for individual hsting on the 
National Register; (b) certified or 
preliminarily determined by the Secretary 
of the Interior as contributing to the his- 
torical significance of a registered historic 
district or a district preUminarily deter- 
mined by the Secretary to qualify as a 
registered historic district; (c) individ- 
ually listed on a State inventory of historic 
places; (d) individually hsted on a local 
inventory of historic places in communi- 
ties with historic preservation programs 
that have been certified (1) by an ap- 
proved state program as determined by 
the Secretary of the Interior, or (2) di- 
rectly by the Secretary of Interior in states 
without approved programs. 

23. "Levee" means a man-made structure, 
usually an earthen embankment, designed 
and constructed in accordance with sound 
engineering practices to contain, control, 
or divert the flow of water so as to provide 
protection from temporary flooding. 

24. "lowest Floor" means the lowest floor 
of the lowest enclosed area (including 
basement). /Vn unfinished or flood re- 
sistant enclosure, usable solely for parking 
of vehicles, building access, or storage in 
an area other than a basement area is not 
considered a building's lowest floor pro- 
vided that such an enclosure is not buUt 
so as to render the structure in violation 
of the apphcable non-elevation design re- 
quirements of this order. 

25. "Manufactured home" means a structure, 
transportable in one or more sections, 
which is built on a permanent chassis and 
designed to be used with or without a 
permanent foundation when connected to 
the required utilities. The term "manu- 
factured home" does not include a "rec- 
reational \ehicle". 

26. ".Manufactured home park or 
5ubdi\ision" means a parcel (or contig- 
uous parcels) of land divided into two or 
more manufactured home lots for rent or 
sale. 

27. "Mean Sea LcNel" means the a\'erage 
height of the sea for all stages of the tide. 
It is used as a reference for establishing 
various elevations within the floodplain. 
For purposes of tliis order, the tenn is^ 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



726 



EXECITBE ORDER 



svnonvmous with National Geodetic 
Vertical Datum (NGVD). 

28. "National Geodetic Vertical Datum 
(NG\'D)" as corrected in 1929 is a vertical 
control used as a reference from estab- 
lishing varying elevations within the 
floodplain. 

29. ''New construction" means structures for 
which the "start of construction" com- 
menced on or after the effecti\'e date of 
this order and includes any subsequent 
improvements to such structures. 

30. "New manufactured home part or subdi- 
vision" means a manufactured home part 
or subdivision for which the construction 
of facilities for sen'icing the lots on which 
the manufactured homes are to be affixed 
(including at a minimum, the installation 
of utilities, the construction of streets, and 
either final site grading or the pouring of 
concrete slabs) is completed on or after 
the etTective date of this order. 

31. "Nonconforming building or use" means 
any legally existing building or use which 
fails to comph' with tne provisions ot the 
order. 

32. "Priman.' frontal dune" means a contin- 
uous or nearly contmuous mound or ridge 
of sand with relati\ely steep seaward and 
landward slopes immediately landward 
and adjacent to the beach and subject to 
erosion and over-topping from high tides 
and waves durmg major coastal storms. 
The inland Limit of the primary frontal 
dune occurs at the point where there is a 
distinct change from a relatively steep 
slope to a relatively mild slope. 

33. "Recreational \'ehicle" means a vehicle 
which is: (a) built on a single chassis; (b) 
400 square feet or less when measured at 
the largest horizontal projection: (c) de- 
signed to be self-propelled or permanently 
towable by a Ught duty truck: and, (d) 
designed primarily not for use as a per- 
manent dweUing. but as temporary Uving 
quarters for recreational, camping tra\el, 
or seasonal use. 

34. "Reference feature" is the receding edge 
of a bluff or eroding frontal dune, or if 
such a feature is not present, the normal 
highwater line or the seaward line of per- 
manent vegetation if highwater line can- 
not be identified. 

35. "Remedy a violation" means to bring the 
structure or other de\elopment into com- 
pliance with State or local floodplain 
management regulations, or. il~ this is not 
possible, to reduce the impacts of its 



noncompUance. Ways that impacts may 
be reduced include protecting the struc- 
ture or other affected development from 
flood damages, implementing the enforce- 
ment provisions of the order or otherwise 
deterring future similar violations, or re- 
ducing Federal fmancial exposure with 
regard to the structure or other develop- 
ment. 

36. "60-year setback" means a distance equal 
to 60 tmies the average amiual long term 
recession rate at a site, measured from the 
reference feature. 

37. "Start of construction" [for other than new 
construction or substantial improvements 
under the Coastal Barrier Resources Act 
(P.L. 97-348)1, includes substantial im- 
provement, and means the date the build- 
ing permit was issued, provided the actual 
start of construction, repair, recon- 
struction, rehabilitation, addition, or im- 
provement was within ISO days of the 
permit date. The actual start means the 
first placement of permanent construction 
of a structure (including a manufactured 
home) on a site, such as the pouring of 
slabs or footings, installation of piles, 
construction of columns, or any work be- 
yond the state of excavation or the place- 
ment of a manufactured home on a 
foundation. Permanent construction does 
not include land preparation, such as 
clearing, grading, and filling: nor docs it 
include the installation of streets andor 
walkways; nor does it include excavation 
for a basement, footings, piers or founda- 
tions, or the erection of temporan.' forms; 
nor does it include the installation on the 
property of accessory buildings, such as 
garages or sheds not occupied as dwelling 
units or not part of the main structure. 
For a substantial impro\ement, the actual 
start of construction means the first alter- 
ation of any wall, ceilmg, floor, or other 
structural part of the building, whether or 
not that alteration affects the external di- 
mensions of the building. 

38. "Structure" means, for floodplain man- 
agement purposes, a walled and roofed 
building, a manufactured home, including 
a gas or liquid storage tank, or other 
man-made facilities or infrastructures that 
are princip;illy abo\c ground. 

39. "Substantial damage" means damage of 
any origin sustained b\' a structure 
whereby the cost of restoring the structure 
to its before damaged condition would 
equal or exceed 50 percent of the market 



/ z/ 



5:11 ^ORTH CAROLL\A REGISTER September 4, 1990 



EXECUTIVE ORDER 



value of the structure before the damage 
occurred. See definition of "substantial 
improvement". 

40. Substantial improvement means any re- 
pair, reconstruction, rehabilitation, addi- 
tion, or other improvement of a structure, 
the cost of which equals or exceeds 50 
percent of the market value of the struc- 
ture before the "start of construction" of 
the improvement. This term includes 
structures which have incurred "substan- 
tial damage", regardless of the actual re- 
pair work performed. The term does not, 
however, include either: (1) any project 
of improvement of a structure to correct 
existing violations of State or local health, 
sanitar>', or safety code specifications 
which have been identified by the local 
code enforcement official and which are 
the minimum necessary to assure safe liv- 
ing conditions; or, (2) any alteration of a 
historic structure, provided that the alter- 
ation win not preclude the structure's 
continued designation as a historic struc- 
ture. 

41. "Substantially improved existing manu- 
factured home part or subdivision" means 
where the repair, reconstruction, rehabili- 
tation or improvement of the streets, util- 
ities and pads equals or exceeds 50 percent 
of the value of the streets, utilities and 
pads before the repair, reconstruction or 
improvement commenced. 

42. "Variance" is a grant of relief to a person 
from the requirements of this order which 
permits construction in a manner other- 
wise prohibited by this order where spe- 
cific enforcement would result in 
unnecessary hardship. 

43. "Violation" means the failure of a struc- 
ture or other development to be fully 
compliant with the community's 
floodplain management regulations. A 
structure or other development without 
the elevation certificate, other certif- 
ications, or other evidence of compliance 
required in Articles 4 and 5 is presumed 
to be in violation until such time as the 
documentation is provided. 

44. "Zone of imminent collapse" means an 
area subject to erosion adjacent to the 
shoreline of an ocean, bay or lake and 
within a distance equal to 10 feet plus 5 
times the average annual long term ero- 
sion rate for the site, measured from the 
reference feature. 



Section 6^ Location of Regulatory Floodway 
and Floodplain Boundaries. Determination of 
boundaries for the regulatory floodway, the 
100-year floodplain, and the coastal high hazard 
areas shall be established by using the latest 
hydrologic maps and engineering data obtainable. 

\Vhen Federal Emergency Management Agency 
(FEMA) Flood Hazard Boundary (FHBM), 
Floodway, Flood Insurance Rate Maps (FIRM) 
or Flood Insurance Study Date are available, 
they shall be the primary source of such 
hydrologic data. 

Section 7. Floodplain Development Permit and 
Certification Requirements. Application for a 
Floodplain Development Permit shall be made 
to the Department of Administration on forms 
furnished by them prior to any development ac- 
tivities. The Floodplain Development permit 
shall include, but not be limited to plans in du- 
plicate drawn to scale showing: the nature, lo- 
cation, dimensions, and elevations of the area in 
question; existing or proposed structures; a copy 
of the Flood Hazard Boundary/ Floodway or 
Flood Insurance Rate Map showing the site lo- 
cation and panel number, and the location of fiU 
materials, storage areas and drainage facilities. 
Specifically, the following information is re- 
quired: 

A. Where base tlood elevation data is pro- 
vided in accordance with Section 8, Sub- 
section L, the apphcation for a Floodplain 
Development Permit within the Zone A 
on the Flood Insurance Rate Map shall 
show: 

(1) the elevation (in relation to mean sea 
level) of the lowest floor (including base- 
ment) of all new or substantially improved 
structures, and 

(2) if the structure has been floodproofed 
in accordance with Section 10 Subsection 
B, the elevation (in relation to mean sea 
level) to which the structure was 
floodproofed. 

B. Wliere the base flood elevation data is not 
provided, the application for a develop- 
ment permit must show construction of 
the lowest floor at least two (2) feet above 
the highest adjacent grade. 

C. Where any watercourse will be altered or 
relocated as a result of proposed develop- 
ment, the application for a development 
permit shall include: a description of the 
extent of watercourse alteration or relo- 
cation; an engineering report on the effects 
of the proposed project on the flood- 
carrying capacity of the watercourse and 
the effects to properties located on both 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



728 



EXECUTIVE ORDER 



upstream and downstream: and a map 
showing the location of the proposed 
watercourse alteration or relocation. 

D. Wlien a structure is floodproofed the ap- 
plicant shall provide a certificate from a 
registered professional engineer or archi- 
tect that the nonresidential floodproofed 
structure meets the flood-proofmg criteria 
in Section 10, Subsection B. 

E. A floor elevation or flood-prootlng certif- 
ication is required after the lowest floor is 
completed, or in instances where the 
structure is subject to the regulations ap- 
plicable to Coastal High Hazard .Areas, 
after placement of the horizontal struc- 
tural members of the lowest floor. Within 
twenty-one (21) calendar days of the es- 
tabUshment of the lowest floor elevation, 
or flood-proofmg by whatever con- 
structions means, or upon placement of 
the horizontal structural members of the 
lowest floor, whichever is applicable, it 
shall be the duty of the permit holder to 
submit to the Department of Adminis- 
tration a certification of the elevation of 
the lowest floor, or floodproofed ele- 
vation, or the elevation of the bottom of 
the horizontal structural members of the 
lowest floor, whichever is applicable, as 
built, in relation to mean sea level. Said 
certiflcation shall be prepared by or under 
the direct supervision of a registered land 
surv'eyor or professional engineer and cer- 
tified by same. When flood-proofing is 
utilized for a particular building, said cer- 
tification shall be prepared by or under the 
direct supervision of a professional engi- 
neer or architect and certified by same. 
Any work done within the twenty-one 
(21) day calendar and prior to submission 
of the certiflcation shall be at the permit 
holder's risk. The Department of Ad- 
ministration shall review the floor ele- 
vation suney data submitted. 
Deficiencies detected by such review shall 
be corrected by the permit holder imme- 
diately and pnor to further progressive 
work being permitted to proceed. Failure 
to submit the sur\'ey or failure to make 
said corrections required hereby shall be 
cause to issue a stop work order for the 
project. 

F. Upon receipt of the permit applications, 
the Secretary of the Department of Ad- 
ministration or his her designee will re- 
view the application with other 
departments, and will (1) deny the permit 
application; or (2; issue a temporary 



permit for further development of the 
project. If a temporary permit is issued, 
the applicant may proceed with develop- 
ment of detailed planning and specifica- 
tions, such as plans and specifications to 
be submitted to the Department of Ad- 
ministration for periodic review. 

G. Upon fmal approval of the detailed plans 
and specifications, the Department of 
Administration shall issue a permit for 
construction. In granting or denying per- 
mits, the Department shall be guided by 
the standards, limitation and requirements 
set forth in this order. 

H. Certificate of Compliance. Before the fa- 
cility is occupied, the owning agency shall 
issue or cause to be issued a certificate of 
compliance stating that the subject project 
complied with all of the provisions of this 
order. The certificate shall be prepared 
by a professional engineer, architect or 
land surveyor, or a combination thereof, 
if so required by the aforementioned stat- 
utes. 

I. North Carolina Department of Insurance 
Appro\'al. When the project is a structure 
normally co\'ered by insurance, the devel- 
opment permit under Section 7, wiU not 
be issued until the project is approved by 
the Department of Insurance for fuU cov- 
erage. 

J. .Appeals. Adjustments. -Amendments and 
\'iolations. Appeals, Adjustments, 

.Amendments and \'ioIations shall be 
considered and determmed as provided in 
the aforementioned statutes and in ac- 
cordance with the rules and regulations 
governing the Department of Adminis- 
tration adopted pursuant to the .Adminis- 
trative Procedures .Act. 

Section 8^ Duties and Responsibilities of the 
Department of .Administration. Duties of the 
Department of .Administration shall include, but 
not be Limited to: 

.A. Review all de^'elopment permits to assure 
that the permit requirements of the order 
have been satisfied. 

B. .Advise permittee that additional federal or 
state permits may be required, and if spe- 
cific federal or state permits are known, 
require that copies of such permits be 
provided and maintained on file with the 
development permit. 

C. Notity adjacent communities and the N.C. 

Department of Crime Control and Public 
Safety, Division of Emergency Manage- 
ment, and the State Coordinators Oftice 



729 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



EXECUTIVE ORDER 



for the National Flood Insurance Pro- 
gram prior to any alteration or relocation 
of a watercourse and submit such notilV 
cation to the Federal Fmergency Man- 
agement Agency. 

D. Assure that maintenance is provided 
within the altered or relocated portion of 
said watercourse so that the flood-carrying 
capacity is not diminished. 

E. Prevent encroachments within floodways 
unless the certification and flood hazard 
reduction provision of Sections 7 thru 11, 
are met. 

F. Obtain the actual elevation (in relation to 
mean sea level) of the lowest floor (in- 
cluding basement) of all new or substan- 
tially improved structures, in accordance 
with Section 7, Subsection E. 

G. Obtain the actual elevation (in relation to 
mean sea level) to which the new or sub- 
stantially improved structures have been 
floodproofed, in accordance with Section 
7, Subsection E. 

H. In Coastal Hazard Areas, certification shall 
be obtained from a registered professional 
engineer or architect that the structure is 
securely anchored to adequately anchored 
pilings or columns in order to withstand 
velocity waters and hurricane wave wash. 

I. In Coastal High Hazard Areas, review plan 
for adequacy of breakaway walls in ac- 
cordance with Section 8, Subsection G, 
Paragraph 8. 

J. WTien flood-proofmg is utilized for a par- 
ticular structure, obtain certifications from 
a registered professional engineer or ar- 
chitect in accordance with Section 10, 
Subsection B. 

K. WTiere interpretation is needed as to the 
exact location of boundaries of the areas 
of special flood hazard (for example, 
where there appears to be a conflict be- 
tween a mapped boundary and actural 
field conditions), the Department of Ad- 
ministration shall make the necessary in- 
terpretation, upon recommendation by 
the Office of State Construction. The 
person contesting the location of the 
boundary shaU be given a reasonable op- 
portunity to appeal the interpretation as 
provided in this order. 

L. WTien base flood ele\'ation data has not 
been provided in accordance with Section 
6, obtain, review and reasonably utilize 
any base flood elevation data and 
floodway data available from a federal, 
state or other source, including data de- 
veloped pursuant to Section 12, Sub- 



section D, in order to administer the 
provisions of this order. 

\I. Make on site inspections in accordance 
with the aforementioned statutes. 

N. Serve notices of violations, issue stop work 
orders, revoke permits and take corrective 
actions in accordance with the aforemen- 
tioned statutes. 

0. Maintain all records pertaining to the ad- 
ministration of this order and make these 
records available for public inspection. 

Section 9^ Provisions for Flood I lazard Re- 
duction - General Standards. In all areas of 
special flood hazard the following provisions are 
required: 

A. All new construction and substantial im- 
provements shall be anchored to prevent 
flotation, coUapse or lateral movement of 
the structure; 

B. All new construction and substantial im- 
provements shall be constructed with ma- 
terials and utility equipment resistant to 
flood damage; 

C. All new construction and substantial im- 
provements shall be constructed by 
methods and practices that minimize 
flood damages; 

D. Electrical, heating, ventilation, plumbing, 
air conditioning equipment, and other 
service facilities shall be designed and or 
located so as to prevent water from enter- 
ing or accumulating within the compo- 
nents during conditions of flooding; 

E. All new and replacement water supply 
systems shall be designed to minimize or 
eliminate infiltration of flood waters into 
the system; 

E. New and replacement sanitary sewer sys- 
tems shall be located and constructed to 
minimbx infiltration of flood waters into 
the systems -and discharges from the sys- 
tems into flood waters; 

G. On-site waste disposal systems shall be 
located and constructed to avoid impair- 
ment to them or contamination from 
them, during flooding; and 

H. Any alteration, repair, reconstruction or 
impro\ement to a structure which is in 
compliance with the pro\isions of tliis 
order, shall meet the requirements of 
''new construction" as contained in this 
order. 

1. Non-confonning building or uses. Non- 
conforrrung buildings or uses may not be 
enlarged, replaced or rebuilt unless such 
enlargement, replacement or recon- 
struction is accomplished in conformance 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



730 



EXECUTIVE ORDER 



with the provisions of tliis order. Pro- 
vided, however, nothing in this order shall 
prevent the repair, reconstruction, or re- 
placement of a building or structure exist- 
ing on the effective date of this order and 
located totally or partially within the 
rioodway Zone, provided that the bulk 
of the building or structure below base 
blood elevation in the Floodway Zone is 
not increased and provided that such re- 
pair, reconstruction or replacement meets 
all the other requirements of this order. 
A structure abandoned for twelve (12) 
months or more cannot be reoccupied 
until it is impro%'ed and brought into 
compliance with this order. 

Section 10. Provisions for Flood Hazard Re- 
duction -_ Specitic Standards. In all areas of spe- 
cial flood hazard where base flood elevation data 
has been provided, as set forth in Section 6 or 
Section 8, Subsection L, the following provisions 
are required: 

A. Residential Construction. New con- 
struction or substantial improvement of 
any residential structure (including manu- 
factured homes) shall have the lowest 
floor, including basement, elevated no 
lower than two (2) feet above the base 
flood elevation. Should solid foundation 
perimeter walls be used to elevate the 
structure, openings sufficient to facilitate 
the unimpeded mo\cments of tiood wa- 
ters shall be provided. 

B. Non-Residential Construction. New con- 
struction or substantial improvement of 
any commercial, industnal, or non- 
residential structure (including manufac- 
tured homes) shall have the lowest floor, 
including basement, elevated no lower 
than two (2) feet above the level of the 
base flood elevation. 

Structures located in A-Zoncs may be 
lloodproofed in lieu of elevation pro\'ided 
that for; 
(1) Dry Floodproofing. /Vll areas of the 
structure below the required elevation are 
water tight with walls substantially 
impermeable to the passage of water, us- 
ing structural components ha\ing the ca- 
pability of resisting hydrostatic and 
hydrodynamic loads and the effect of 
buo\ancy. A registered professional en- 
gineer or architect shall certify that the 
standards of this Section are satisfied. 
Such certification shall be provided to the 
offici;il as set forth in Section 7, Sub- 
section E; or, 



(2) Wet F'loodproofing. A professional en- 
gineer or architect shall certify in accord- 
ance with Section 7, Subsection E, that 
the portions of any structure below the 
regulatory base flood elevation comply 
with alternate wet tloodproofmg methods 
that are acceptable to FEMA as variances 
to the essentially dry floodproofmg meas- 
ures required in Section 10, Subsection B 
(1) above. Provided said alternate meth- 
■ ods comply with the standards set forth in 
the FE.\IA Technical Standards BuUentin 
(No. 85-1), and that such measures are 
adequate to withstand the flood depth 
pressures, velocities, impact and uplift 
forces and other factors associated with 
the Base Flood occurrence at the location 
of the structures and that attendant utility 
and sanitary facilities are floodproofed and 
that the requirements for the issuance of 
the Variance comply with Section 14 of 
this order. 
C. Manufactured Homes. 

(1) Manufactured homes that are placed or 
substantially improved on sites (a) outside 
a manufactured home part or subdivision; 
(b) in a new manufactured home part or 
subdivision; (c) in an expansion to an 
existing manufactured home part or sub- 
division; or, (d) in an existing manufac- 
tured home park or subdivision on which 
a manufactured home has incurred "sub- 
stantial damage" as the result of a flood, 
must be elevated on a permanent founda- 
tion such that the lowest floor of the 
manufactured home is elevated no lower 
than two (2) feet abo\'e the base flood el- 
evation and be securely anchored to an 
adequately anchored foundation system to 
resist flotation, collapse, and lateral 
movement. 

(2) Manufactured homes that are to be 
placed or substantially impro\'ed on sites 
in an existing manufactured home park 
or subdivision that are not subject to the 
provisions of Section 10, Subsection C (1) 
of this ordinance must be elevated so that 
the lowest floor of the manufactured 
home is elevated no lower than two (2) 
feet above the base flood ele\'ation, and 
be securely anchored to an adequate an- 
chored foundation to resist flotation, col- 
lapse, and lateral movement. 

(3) Manufactured homes shall be anchored 
to prevent flotation, collapse, or lateral 
movement. For the purpose of this re- 
quirement, manufactured homes must be 
anchored to resist flotation, collapse, or 



731 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



EXECUTIVE ORDER 



lateral movement in accordance with the 
Regulations for Mobile Homes and 
Modular Housing adopted by the Com- 
missioner of Insurance pursuant to 
N.C.G.S. 143.143.15. Additionally, 
when the elevation would be met by an 
elevation of the chassis at least 36 inches 
or less above the grade at the sight, the 
chassis shall be supported by reinforced 
piers or other foundation elements of at 
least equivalent strength. When the ele- 
vation of the chassis is above 36 inches in 
height and engineering certification is re- 
quired. 
(4) An evacuation plan must be developed 
for evacuation of all residents of all new, 
substantially improved or substantially 
damaged manufactured home parks or 
subdivisions located within flood prone 
areas. This Plan shall be filed with and 
approved by the Department of Adminis- 
tration and the Department of Crime 
Control and Public Safety. 

D. Recreational Vehicles. A recreational ve- 
hicle is ready for highway use if it is on 
wheels or jacking system, is attached to 
the site only by quick-disconnect type 
utihties and security devices, and has no 
permanently attached additions. Recre- 
ation vehicles placed on sites shall either: 

(1) be on site for fewer than 180 consecutive 
days, 

(2) be fully licensed and ready for highway 
use, or 

(3) meet the requirements of Section 7, 9 
and 10 (subsection C). 

E. Elevated Buildings. New construction or 
substantial improvements of elevated 
buildings that include fully enclosed areas 
that are usable solely for the parking of 
vehicles, building access or storage in an 
area other than a basement and which are 
subject to flooding shall be designed to 
preclude finished Uving space and be de- 
signed to automatically equalize 
hydrostatic flood forces on exterior walls 
by allowing for the entry and exit of 
floodwaters. 

(1) Designs for complying with this re- 
quirement must either be certified by a 
professional engineer or architect or meet 
the following criteria: 
(a) provide a minimum of two (2) 
openings having a net area of not less 
than one square inch for every square 
foot of enclosed area subject to flood- 
ing; 



(b) the bottom of all openings shall be 
no higher than one foot above grade; 
and, 

(c) openings may be equipped with 
screens, louvers, valves or' other cov- 
erings or devices provided they permit 
the automatic flow of floodwaters in 
both directions. 

(2) Access to the enclosed'area shall be the 
minimum necessary to allow for parking 
of vehicles (garage door) or limited storage 
of maintenance equipment used in con- 
nection with the premises (standard exte- 
rior door) or entry to the h\ing area 
(stairwell or elevator). 

(3) The interior portion of such enclosed 
area shall not be partitioned or finished 
into separate rooms, except to enclose 
storage areas. 

E. Temporary Structures. Prior to the issu- 
ance of a development permit, for a tem- 
porary structure, the following 
requirements must be met: 

(1) AU apphcants must submit to the local 
administrator a plan for the removal of 
such structure(s) in the event of a hurri- 
cane or flash flood notification. The plan 
must include the following information: 

(a) the name, address and phone number 
of the indi\idual responsible for the re- 
moval of the temporary structure; 

(b) the time frame prior to the event at 
which a structure will be removed; 

(c) a copy of the contract or other suit- 
able instrument with a trucking com- 
pany to insure the availability of 
removal equipment when needed; and 

(d) designation, accompanied by doc- 
umentation, of a location outside the 
floodplain to which the temporary 
structure wUl be moved. 

(2) The above information shall be sub- 
mitted in writing to the local administra- 
tor for review and written approval. 

G. Accessory' Structure. When accessory 
structures (sheds, detached garages, etc.) 
with a value of $3,000 or less, are to be 
placed in the lloodplain the following cri- 
teria shall be met: 

(1) Accessory structures shall not be used 
for human habitation; 

(2) Accessory structures shall be designed 
to have low- tlood damage potential; 

(3) Accessory structures shall be firmly an-~ 
chorcd in accordance with Section 9, 
Subsection A; and 



5.7/ NORTH CAROLINA REGISTER September 4, 1990 



732 



EXECUTIVE ORDER 



(4) Service facilities such as electrical and 
heating equipment shall be elevated in 
accordance with Section 9, Subsection D. 
H. Floodwavs. Located within areas of spe- 
cial ilood hazard established in Section 6, 
are areas designated as floodways. The 
floodway is an extremely hazardous area 
due to the velocity of flood waters which 
carry' debris and potential projectiles and 
has erosion potential. The following 
provisions shall apply within such areas: 

(1) No encroachments, including fill, new 
construction, substantial improvements 
and other developments shall be permitted 
unless certification (with supporting tech- 
nical data) by a registered professional 
engineer is provided demonstrating that 
such encroachments shall not result in any 
increase in flood levels during the occur- 
rence of the base flood discharge. 

(2) If Section 10, Subsection F, Paragraph 
1, is satisfied, all new construction and 
substantial improvements shall comply 
with all apphcable flood hazard reduction 
provisions of Sections 9 thru 13 of this 
order. 

(3) No manufactured homes shall be per- 
mitted except in existing manufactured 
home parks or subdivisions. A replace- 
ment manufactured home may be placed 
on a lot in an existing manufactured home 
park or subdivision provided that the an- 
choring standards of Section 9, Subsection 
B and the elevation standards of Section 
8 (C) are met. 

I. Coastal High Hazard Areas (V-Zones). 
Located within the areas of special flood 
hazard estabUshed in Section 6, are areas 
designated as coastal high hazard areas. 
These areas have special flood hazards as- 
sociated with wave wash. The following 
provisions shall apply within such areas: 

(1) All buildings or structures shaU be lo- 
cated landward of the first line of stable 
natural vegetation and comply with all 
applicable CAMA setback requirements. 

(2) All buildings or structures shall be ele- 
vated so that the bottom of the lowest 
supporting horizontal member (excluding 
pilings or columns) is located no lower 
than two (2) feet above the base flood el- 
evation level, with all space below below 
the lowest supporting member open so as 
not to impede the flow of water. Open 
lattice work or decorative screening may 
be permitted for aesthetic purposes only 
and must be designed to wash away in the 
e\'cnt of abnonnal wave action and in ac- 



cordance with Section 10, Subsection G, 
Paragraph 8. 

(3) All buildings or structures shall be 
securely anchored on pilings or columns. 

(4) All pilings and columns and the at- 
tached structures shaU be anchored to re- 
sist flotation, collapse, and lateral 
movement due to the effect of wind and 
water loads acting simultaneously on all 
building components. The anchoring and 
support system shall be designed with 
wind and water loading values which 
equal or exceed the 100 year mean recur- 
rence interval (one percent annual chance 
flood). 

(5) A registered professional engineer or 
architect shall certify that the design, 
specifications and plans for construction 
are in comphance with the provisions 
contained in Section 10, Subsection G, 
Paragraphs (2), (3) and (4) of this order. 

(6) There shall be no fiU used as structural 
support. Non-compacted fiU may be used 
around the perimeter of a buUding for 
landscaping/aesthetic purposes provided 
the fdl will wash out from storm surge, 
(thereby rendering the buUding free of 
obstruction prior to generating excessive 
loading forces, ramping effects, or wave 
deflection. The Department of Adminis- 
tration shall approve design plans for 
landscaping/aesthetic fill only after the 
applicant has provided an analysis by an 
engineer, architect, and/or soil scientist 
which demonstrates that the following 
factors have been fuUy considered: 

(a) particle composition of fill material 
does not have a tendency for excessi\'e 
natural compaction: 

(b) volume and distribution of fill will 
not cause wave deflection to adjacent 
properties; and 

(c) slope of fill will not not cause wave 
run-up or ramping. 

(7) There shall be no alteration of sand 
dunes or mangrove stands which would 
increase potenti;d flood damage. 

(8) Lattice work or decorati\-e screening 
shall be allowed below the base flood ele- 
vation provided they are not part of the 
structural support of the building and are 
designed so as to breakaway, under ab- 
normally high tides or wave action, with- 
out damage to the structural integrity of 
the building on which they are to be used 
and provided the following design specifi- 
cations are met: 

(a) no solid waUs shall be allowed; 



733 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



EXECUTIVE ORDER 



(b) material shall consist of wood or 
mesh screening only; 

(c) design safe loading resistance of each 
wall shall be not less than 10 nor more 
than 20 pounds per square foot; or 

(d) if more than 20 pounds per square 
foot, a registered professional engineer 
or architect shall certify that the design 
wall collapse would result from a water 
load less than that which would occur 
during the base flood event, and the el- 
evated portion of the building and sup- 
porting foundation system shall not be 
subject to collapse, displacement, or 
other structural damage due to the ef- 
fects of wind and water loads acting si- 
multaneously on all building 
components during the base flood 
event. Maximum wind and water 
loading values to be used in this deter- 
mination shall each have one percent 
chance of being equalled or exceeded in 
any given year (100-year mean recur- 
rence interval). 

(9) If aesthetic lattice work or screening is 
utilized such enclosed space shall not be 
designed to be used for human habitation, 
but shall be designed to be used only for 
parking of vehicles, building access, or 
limited storage of maintenance equipment 
used in connection with the premises. 

(10) Prior to construction, plans for any 
structures that will have lattice work or 
decorative screening must be submitted to 
the Department of Administration for ap- 
proval. 

(11) Any alteration, repair, reconstruction 
or improvement to a structure shall not 
enclose the space below the lowest floor 
except with lattice work or decorative 
screening, as pro\ided for in Section 10, 
Subsection G, Paragraph (8) and (9). 

(12) No manufactured homes shall be per- 
mitted except in an existing manufactured 
home park or subdivision. A replacement 
manufactured home may be placed on a 
lot in an existing manufactured home park 
or subdivision provided the anchoring 
standards of Section 9, Subsection (B) and 
the elevation standard of Section 10, Sub- 
section C are met. 

Section 1 1. Standard for Streams \^^ithout Es- 
tablished Base Flood I-le\ations and or 
Moodwavs. Located within the areas of special 
flood hazard established in Section 6 are small 
streams where the Federal Emergency Manage- 
ment Agency has not provided base flood data 



and where floodways have not been identified. 
The following provisions shall apply within such 
areas: 

A. No encroachments, including fill, new 
construction, substantial improvements 
or new development shall be permitted 
within a distance of thirty feet from the 
top of bank, unless certification with sup- 
porting technical data by a registered pro- 
fessional engineer is provided 
demonstrating that such encroachments 
shall not result in any increase in flood 
levels during the occurrence of the base 
flood discharge. 

B. If Section 1 1, Subsection A is satisfied and 
base flood elevation data is available from 
other sources, all new construction and 
substantial improvements within such 
areas shall comply with all applicable 
flood hazard provisions of Section 9 thru 
13 and shall be elevated or floodproofed 
in accordance with elevations established 
in accordance with Section 8, Subsection 
L. When base flood elevation data is not 
available from a federal, state or other 
source, the lowest floor, including base- 
ment, shall be elevated at least two (2) feet 
above the highest adjacent grade. 

Section 12. Standard for Subdivision Proposals. 

A. Ah subdi\ision proposals shall be consist- 
ent with the need to minimize flood dam- 
age; 

B. Ail subdivision proposals shall have pubUc 

utilities and facilities such as sewer, gas, 
electrical and water systems located and 
constructed to minimize flood damage; 

C. All subdivision proposals shall have ade- 
quate drainage provided to reduce expo- 
sure to flood hazards: and. 

D. Base flood elevation data shall be provided 
for subdivision proposals and other pro- 
posed de\'elopment which is greater than 
the lesser of fifty lots or five acres. 

Section 13. Standard for Areas of Shallow 
Flooding (AO Zones). Located within the areas 
of special flood hazard established in Section 6 
are areas designated as shallow flooding. These 
areas have special flood hazards associated with 
base flood depths of one to three feet (1-3 feet) 
where a clearly defmcd channel does not exist 
and where the path of flooding is unpredictable 
and indeterminate. ""Fhe following provisions 
shall apply within such areas: 

A. /VU new constr;uction and substantial im- 
provements of non-residential stnictures 
shaU: 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



734 



EXECUTIVE ORDER 



(1) have a lowest floor, including basement, 
elevated in the depth number specified on 
the Flood Insurance Rate \fap, in feet, 
above the highest adjacent grade. If no 
depth number is specified, the lowest 
floor, including basement, shall be ele- 
vated at least two (2) feet above the high- 
est adjacent grade; or, 

(2) be completely floodproofed together 
with attendant utLhty and sanitary facilities 
or above that level so that any space be- 
low that level is watertight with walls 
substantially impermeable to the passage 
of water and with structural components 
having the capability of resisting 
hydrostatic and hydrodynamic loads and 
effects of buoyancy. 

Section 14. Variance Procedures. 



A. The Department of Administration, Office 

of State Construction, the Department of 
Insurance, the North Carolina Division 
of Emergency Management, NFIP State 
Coordinator, and the Secretary of the 
Department of Administration, hereafter 
referred to as the appeal board, shall hear 
and must concur on requests for variances 
from the requirements of this order. 

B. /Vny person aggrieved by the decision of 
the appeal board or any taxpayer may 
appeal such decision to the Court, as 
provided in Chapter 7A of the North 
Carolina General Statutes. 

C. X'ariances may be issued for the repair or 
rehabilitation of historic structures upon 
the determination that the proposed repair 
or rehabilitation will not preclude the 
structure's continued designation as a his- 
toric structure and the variance is the 
minimum necessary to preser%e the his- 
toric character and design of the structure. 

D. Variances may only be granted for Historic 

Structures and for wet Floodproofmg of 
Non- Residential Structures. No variances 
may be granted for Residential con- 
struction. 

E. In passing upon such applications, the ap- 
peal board shall consider all technical 
evaluations, all relevant factors, all stand- 
ards specified in other sections of this or- 
der, and: 

( 1) the danger that matcnals may be swept 
onto other lands to the injur\" of others: 

(2) the danger to life and property due to 
flooding or erosion damage; 

(3) the susceptibility of the proposed facil- 
ity and its contents to flood damage and 



the effect of such damage on the individ- 
ual owner; 

(4) the importance of the services provided 
by the proposed facility to the commu- 
nity; 

(5) the necessity to the facility of a 
waterfront location, where apphcable; 

(6) the availability of alternative locations, 
not subject to flooding or erosion damage, 
for the proposed use; 

(7) the compatibility of the proposed use 
with existing and anticipated develop- 
ment; 

(8) the relationship of the proposed use to 
the comprehensive plan and floodplain 
management program for that area; 

(9) the safety of access to the property in 
times of flood for ordinary' and emergency 
vehicles; 

(10) the expected heights, velocity, dura- 
tion, rate of rise, and sediment transport 
of the flood waters and the effects of wave 
action, if applicable, expected at the site; 
and, 

(11) the costs of providing governmental 
services during and after flood conditions 
including maintenance and repair of pub- 
lic utilities and facilities such as sewer, gas, 
electrical and water systems, and streets 
and bridges. 

F. Upon consideration of all the factors Usted 

above and the purposes of this order, the 
appeal board may attach such conditions 
to the granting of variances as it deems 
necessary' to further the purposes of this 
order. 

G. Variances shall not be issued within any 
designated floodway if any increase in 
flood levels during the base flood dis- 
charge would result. 

H. Conditions for Variances: 

(1) Variances may not be issued when the 
variance wiU make the structure in vio- 
lation of other Federal, State, or local 
laws, regulations, or ordinances. 

(2) Variances shall only be issued upon a 
determination that the variance is the 
minimum necessary, considering the flood 
hazard, to alford relief 

(3) Variances shaU only be issued upon (i) 
a showing of good and sufficient cause: (ii) 
a determination that failure to grant the 
variance would result in exceptional hard- 
ship; and, (iii) a determination that the 
granting of a variance will not result in 
increased flood heights, additional threats 
to public safety, extraordinar>' public ex- 
pense, create nuisance, cause fraud on or 



7i5 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



EXECUTIVE ORDER 



victimization of the public, or conflict 
with existing local laws or ordinances. 

(4) Any applicant to whom a variance is 
granted shall be given written notice 
specifying the difference between the base 
flood elevation and the elevation to which 
the structure is to be built and a written 
statement that the cose of flood insurance 
will be commensurate with the increased 
risk resulting from the reduced lowest 
floor elevation. Such notification shall be 
maintained with a record of all variance 
actions. 

(5) The local administrator shall maintain 
the records of all appeal actions and report 
any variances to the Federal Emergency 
Management Agency upon request. 



Section 15. The Department of Insurance and 
the Department of Crime Control and Pubhc 
Safety, Division of Emergency Management, 
State Coordinator's Office of the National Flood 
Insurance Program shall assist in jointly admin- 
istering the provisions of this order under appU- 
cable statutor>' provisions. 

Section 16. Abrogation and Greater Re- 
strictions. This order is not intended to repeal, 
abrogate, or impair any existing easements, 
convenants or deed restrictions. However, where 
this order and another conflict or overlap, 
whichever imposes the more stringent restrictions 
shall prevail. 



Section 17. This order shall become effective 
Done in Raleigh, North Carolina 
1990. 



immediately 

this the 24th day of July 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



736 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICLLTLRE 

iS otice is hereby given in accordance with G.S. 
J50B-I2 that the A'.C. Board of Agriculture in- 
tends to amend rule(s) cited as 2 \CAC 203 
.0413: 2 NCAC 43L .0304 - .0305; 2 MCAC 4SA 
.0601, .0605, .0611, .1005, .1214, and .1602. 

1 he proposed effective date of this action is 
January I, 1991. 

1 he public hearing will be conducted at J0:00 
a.m. on October 5, 1990 at the Board Room, Ag- 
riculture Bldg., I W. Edenton Street. Raleigh, 
NC. 

v_- omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod, Secretary 
of the Sorth Carolina Board of Agriculture. P. 
O. Box 27647, Raleigh. SC 27611. 

CHAPTER 20 - THE NORTH CAROLINA STATE 
FAIR 

SUBCHAPTER 20B - REGl LATIONS OF THE 
ST A IE FAIR 

SECTION .0400 - OPERATION OF STATE FAIR 
FACILITIES 

.0413 ALCOHOLIC BEVERAGES 

(a) A person shall not sell, offer for sale, or 
possess for the purpose of sale, any alcoholic 
beverage on State Fair property. 

(b)- A person shall not possess or consume any 
alcoholic be\'erage at ticketed, commercial events 
that are open to the public on State Fair property 
except as permitted under Paragraph (c) of this 
Rule. 

(c) Except during the annual State Fair, beer 
and wine may be sold and consumed at the horse 
facihty, subject to state alcoholic beverage con- 
trol laws and regulations. Thio Paragraph chall 
fe># ropoalod olToctivo fel¥' 4t 19QQ. 

Statutory .Authority G.S. 106-503. 

CHAPTER 43 - MARKETS 

SUBCHAPTER 431. - MARKETS 

SECTION .0300 - FEES: WESTERN NORTH 

CAROLINA HORSE 
AND LIVESTOCK F.VCILITY FEE SCHEDULE 

.0304 HORSE FACILITY 



(a) Fees for non agricultural non-livestock 
events are as follows: 

(1) Fees for use of the show arena are &¥» six 
hundred dollars (SSQQ.OQ) (SbOO.OO) per 
show day or ten percent of the gate, 
whichever is greater, provided that for the 
show arena to be opened before 6:00 a.m. 
or after midnight requires an additional fee 
of fifty doUars ($50.00) per hour or part 
thereof for a maximum of Hv» three hun- 
dred doUars (J . 200.Q0) ($300.00). 

(2) Fees for use of the covered practice ring 
shall be tw«' three hundred dollars 
($200.00) ($300.00) per day, provided that 
it is used in conjunction with the show 
arena. The covered practice ring may be 
rented separatelv for throo four hundred 
dollars ($300.00) ($400.00) per show day 
if a show is held within 120 days of the 
booking date. 

(3) The open practice ring shall be rented at 
the ^ound rental rate as set forth in Rulo 
.0305(d). .0305(e) of this Section. 

(4) A twentv-tive dollar ($25.00) fee shall be 
charged for any electrical connection to 
facilit\ power outlets. 

(5) The fees set forth m Paragraph (b) of this 
Rule shall apply to any acti\ity not spe- 
cifically co\ered under this F-'aragraph. 

(b) Fees for agricultural livestock events are as 
follows: 

(1) Fees for use of the show arena are fo«f 
five hundred dollars ($100.00) ($500.00) 
per show day or ten percent of the gate, 
whichever is greater; provided that for the 
show arena to be opened before 6:00 a.m. 
or after midnight requires an additional fee 
of fifty dollars ($50.00) per hour or part 
thereof for a maximum of two hundred 
and fifty doUars ($200.00). ($250.00). 
Rental of the show arena shall mcludc the 
covered practice ring and the open prac- 
tice ring. 

(2) The covered practice ring may be rented 
separately for eae two hundred and fifty 
doUars ($150.00) ($250.00) per show day 
if a show is held withm 120 da>s of the 
booking date. Rental of the covered 
practice ring shall include the open prac- 
tice ring. 

(3) The covered practice ring ma>' be rented 
separately for e*» two hundred and fifty 
dollars ($150.00) ($25i).00) per show day 
if Ae a show is held more than 120 days 
from the booking date: provided that a 
minimum of one thousand five hundred 
dollars ($1,000) ($1.500) re\enue from 
covered practice rmg and stall rental is 



737 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



guaranteed to the Agricultural Center. 
Rental of the covered practice ring shall 
include the open practice ring. 

(4) Fees for stalls are set- according te tfe» 
following schodulo: as follows: 

Days Fees 

(A) ^\ \^m $12.00; 

(B) ^2 34r00 S20.00; 

(C) 43 28.0Qand $26.0n; 

(D) 4 $32.00: 

(E) 5 $36.00; and 
fO) (£1 $0.00 $3.00 per additional day 

thereafter. 

(5) Agricultural youth organizations may re- 
ceive a 50 percent discount for stall rentals 
and a 25 percent discount on show arena 
rental when participation is restricted to 
youth. Educational cUnics and seminars 
may receive a 50 percent discount on 
show arena and co\ered practice rint^ rates 
when left in clean condition. The Agri- 
cultural Center Manager will decide what 
qualifies as educational clinics and semi- 
nars. 

(6) A fee of fifty seventy-five dollars ($50.00) 
($75.00) per day is required for use of the 
facility's jumps. 

(7) A fee of t«» twentv-five dollars ($10.00) 
($25.00) per hour is required for use of the 
facility's motorized grounds equipment. 
Fee shall include operator. 

(8) Fees for use of the facility's office equip- 
ment, if available, is charged on an ex- 
pense incurred basis. 

(9) Fees for security and other support ser- 
vices at any event is are charged on a cost 
plus ten percent basis. The need for se- 
curity is to be determined by facility 
management in consultation with show 
management. 

(10) A fee of e+gk4- ten dollars ($S.OO) ($10.00) 
per night is required for any camper 
parking overnight on facility grounds. 
Any horse trailer connected to a power 
outlet at the facility will be charged the 
same fee as a camper. 

(11) Miscellaneous horse facility equipment 
is available according to the following fee 
schedule: 

(A) metal li\'estock panels - twt* three dol- 
lars ($2.00) ($3.00) each per show; 

(B) small hvcstock panels - one dollar 
($1.00) per panel or if installed, four dol- 
lars ($4.flO) per pen: 

(C) center ring set-up - ihirtv-five dollars 
($35.00); 



(D) removal of end gates - fifty dollars 
($50.00); 

(E) farm wagon for staging - twenty-five 
doUars ($25.00) each; 

(F) chairs - ttoty fortv cents ($0.30) ($0.40) 
each per day; 

(G) tables - b*** dollar aft4 fiftv contG 
($1.50) two dollars ($2.00) each per day; 

(H) paper table coverings - thirty-five cents 

($0.35) each; 
(1) portable PA Svstem - twentv-fi\c dollars 

($25.00) per event; 
(J) wireless mike system - twentv-five dol- 
lars ($25.00) (batteries not included); 
(K) 9 vo]t batteries - one dollar ($1.00) 

each; 
(I.) podium - ten dollars ($10.00) per day; 
(M) projection screen - ten dollars ($10.00) 

per day; 
(N) slide projector - thirty dollars ($30.00) 

per day; 
(O) two-way radio - twentv-five dollars 

($25.00). 

(12) A fee of twenty-five dollars ($25.00) per 
concessionaire is required. 

(13) A lessee must have prior approval of the 
Agricultural Center \lanager before 
catering services will be allowed on the 
grounds. A fifty dollar ($50.00) fee is 
charged for catering services that scr\'c no 
more than 200 plates. For each plate 
served in excess of 200 plates, a fee of 
thirty-five cents ($0.35) per plate shall be 
charged. 

(14) Auditing of ticketed events: seven dollars 
($7.00) per hour for ticket sellers, six dol- 
lars ($6.00) per hour for ticket takers and 
securing doors and ten percent adminis- 
trati\'e charge. 

(15) There will be a charge of ten dollars 
($10.00) per hou~ tor the facility to be 
opened with minimum lighting after 5:00 
p.m. the da\' pnor to a show event. 

( 16) To obtain regional and national li\estock 
shows, when large numbers of li\estock 



(more than 600 animals) are anticipated, 
the manager shall ha\e the authonly to 
negotiate a flat rate for the total use of the 
facility. 
f4-H (17) The .\gncultural Center .Manager 
shall ha' . L ' tkte nght to h(A|- » fo» r e ntal ftrte 
fi*f rtftv establish reasonable fees for any 
services or acti\ ities not mentioned herein. 



Slatutoiy Aiilhority G.S. 106-22: J06-530. 
.0.^05 I 1\ KSrOCK FA( iin V 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



73S 



PROPOSED RULES 



(a) Fees for rontal use of the livestock facility 
are s^ according te A* following Lchodulo: as 
follows: 



(1) 



(2) 



(3) 



(4) 



(5) 



(61 



Non-agricultural groups shall be charged 
two hundred dollars ($200.00) per day for 
use of the sales arena only or three hun- 
dred dollars ($300.00) per day for the sales 
arena and bam; 

Agricultural youth groups shall t><* are 
charged fifty dollars ($50.00) per day for 
use of the sales arena only or one hundred 
dollars ($100.00) per day for the sales 
arena and bam; 

Agricultural groups shall be charged one 
hundred dollars ($100.00) per day for use 
of the sales arena only or two hundred 
dollars ($200.00) per 'day for Ow sales 
arena and bam; 

Use of the facility's kitchen is set at thirty 
dollars ($30.00) per day for agricultural 
groups; 

Use of the facility's kitchen is set at thirty 
dollars ($30.00) per day or 30.5 percent 
of gross receipts after taxes, whichever is 
the greater, for non-agricultural groups; 

■\nv group renting the sales arena onlv 
shall pay an additional fee of twent\ -ti\e 

12:15 



dollars ($25.00) for anv time after 
a.m. but before 2:01) a.m 
be twentv-tive dollars ( $ 



rhe tee shall 
""^.OO) per hour 



2£r 
atter 2:1)0 a.m. 

(b) Fees for t+w use of folding chairs, tables, 
livestock panels and paper table coverings shall 
be based on the fee schedule set forth in 
.0304(b)(ir) of this Section. 

(c) A fifty dollar ($50.00) charge for rL^mcing 
the remo\al of bedding »f r . tra' . ' i ' tVom the bam is 
required. 

(d) Fees for use of the ^'outh Building are set 
at twonty five thirty dollars ($25.00) ($30^00) 

per day. 

(e) Ground rental shall be at the rate of 6v#ten 
cents ($0.05) ($0. 10) per square vard or one 
hundred and fifty dollars ($100.00) ($150.00) per 
day whiche\er is greater. 

(f) Ticketed event charges shall be at the daily 
rate of the facility or ten percent of gate receipts, 
whichever is greater. 

(g) Food catering fees shall be proN'ided at the 
rate set forth in .0304(b)(13) of this Section. 

Staruwty Authority G.S. 106-22: 106-530. 
CM APTFR 48 - PI ANT INDISTRV 
SLBCHAI'TER 48A - PLANT PROITCTION 
SECTION .0600 - BOLL WFEML 



.0601 DEFINITIONS 

For the purposes of this Section, in addition to 
definitions contained in G.S. 106-65.69, the fol- 
lowing shall apply: 

(1) Compliance Agreement. A written agree- 
ment between a person engaged in growing, 
dealing in or moving regulated articles and 
the North Carolina Department of Agricul- 
ture, Plant Industry' Division, wherein the 
former agrees to comply with conditions 
specified in the agreement to prevent the 
dissemination of the boll wee\'il; 

(2) Exemptions. Provisions contained in these 
Regulations which provide for modifications 
in conditions of movement if of regulated 
articles from regulated areas under specified 
conditions; 

(3) Elimination Zone. That portion of this 
state where eradication of the boll weevil is 
undertaken as an objective; 

(4) Inspector. .Any authorized employee of 
the North Carolina Department of .Agricul- 
ture, Plant Industry' Division, or any other 
person authorized by the Commissioner of 
Agriculture to enforce the provisions of this 
Section; 

(5) Regulated .-Vrea. /Vny state other than 
North Carolina or any portion of such state 
that is infested with the boU weevil; 

(6) Noninfested .Area. That portion of this 
state not included in an elimination zone; 

(7) Seed Cotton. Cotton as it comes from the 
field prior to ginning; 

(8) Gin Trash. .-Vll of the material produced 
during the cleaning and ginning of seed cot- 
ton, boUies or snapped cotton except the 
lint, cottonseed, gin waste: 

(9) Noncommercial Cotton. Cotton intended 
for purposes other than processing; 

(10) .ASCS. United States Department of -Ag- 
riculture, .Agricultural Stabilization and 
Conser\-ation Service: 

(11) Farm Operator. Person responsible for 
production and sale of a cotton crop on any 
indi\idual farm; 

(12) Used Cotton Har\^esting Equipment. 
Previously utilized cotton equipment used 
to han'est, strip, transport, or destroy cot- 
ton; 

(13) Waiver. .A \\ritten authorization which 
exempts an individual from compliance with 
one or more specific requirements; 

(14) Cotton Crop Residue Destruction. 
Mowing of cotton plant stalks left in field 
after han'esting of crop is completed. 

Staiutoiy Authoriiv G.S. 106-65.^7: 106-65.91. 



739 



5:11 SORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



.0605 MOVEMENT FOR SCIENTIFIC 
PURPOSES 

(a) Regulated articles may be moved for ex- 
perimental or scientific purposes in accordance 
with specified conditions provided a scientific 
permit is obtained from the Plant Pest Adminis- 
trator and securely attached to the container of 
such articles or to the article itself. 

(b) Procedure for applying for permission for 
moving regulated articles for scientific purposes 
are is the same as set out in these rules. 

(c) The procedure for processing an application 
to move regulated articles is the same as that set 
out in these rules. 

(d) Decisions on acceptance or rejection of 
applications for movement of the regulated arti- 
cles for scientific purposes are based on the same 
criteria as set out in these rules. 

Statutory Authority G.S. 106-65.77; 106-65.91. 

.061 1 REQUIREMENTS FOR PROGRAM 
PARTICIPATION 

All cotton farm operators in the state are hereby 
required to participate in the eradication pro- 
gram. Participation shall include timely report- 
ing of acreage and field locations, compliance 
with regulations, and payment of fees. Farm 
operators within the elimination zone shall be 
notified through the extension offices or newspa- 
pers of their program costs on a per acre basis 
on or before March 15. The following proce- 
dures are required for participation in the pro- 
gram: 

(1) Filling out a Cotton Acreage Reporting 
Form at the ASCS office by July 1 of the 
current growing season for which partic- 
ipation is desired. At this time the farm 
operator shall pay a nonrefundable fee in an 
amount sufficient to cover estimated pro- 
gram costs as determined by the Commis- 
sioner, but not to exceed nine dollars ($9.00) 
per acre. Those farm operators not report- 
ing their acreage by July 1 wiO not be con- 
sidered as program participants. All acreage 
reported by such nonparticipants after July 
1 will be considered in excess and subject to 
penalty. 

(2) All fees shall be paid by the farm operator. 
Fees shall be made payable to NCDA and 
coUected by ASCS. 

Farm operators in the elimination zone whose 
ASCS measured acreage exceeds the grower re- 
ported acreage by more than ten percent, shall 
be assessed a penalty fee of three dollars ($3.00) 
per acre on that acreage in excess of the reported 
acreage. 



A farm operator may apply for a waiver re- 
questing delayed payment under conditions of 
fmancial hardship. Any farm operator applying 
for a waiver shall make application in writing to 
the Plant Pest Administrator. This request must 
be accompanied by a fmancial statement from a 
bank or lending agency supporting such request. 
All farm operators granted waiver requests for fi- 
nancial hardship Vvill be charged interest payable 
at a rate equal to 15 percent per annum. The 
decision whether or not to waive all or part of 
these requirements shall be made by the Plant 
Pest Administrator and notification given to the 
farm operator within two weeks after receipt of 
such application. 

Failure to pay all fees or file a completed waiver 
request for delayed payment on or before July 
1 5 of the current growing season wiU result in a 
penalty fee of five dollars ($5.00) per acre. If a 
waiver is granted, payment shall be due at the 
time the cotton is sold, or by November 15, 
whichever is sooner. 

Statutory Authority G.S. 106-65.74; 106-65.77; 
I06-65.S8; 106-65.91. 

SECTION .1000 - VEGETABLE PLANT 
CERTIFIC.VTION 

.1005 STANDARDS 

(c) With respect to the indicated plants, the 
following shall apply: 



Plant 

Tomato 

Insects 



Tolerances 



no apparent injury 
te or infestation 



Statutory Authority G.S. 106-65.45: 106-65.46; 
106-284.18; 106-420. 

SECTION .1200 - NURSERY CERTIFIC.VHON 

.1214 RECIPROCITY AGREEMENT 

All out of ' jatc out-(^f-state nurseries and dealers 
located in states which require a registration fee 
of North Carolina nurseries and dealers will be 
charged the same fee for shipping nursery stock 
into North Carolina as that required of North 
Carolina nurseries and dealers for shipping into 
such states. Those states which require no reg- 
istration fee of North Carohna nurseries and 
dealers shall not be required to pay a fee for reg- 
istration and movement of nursep>' stock into 
North Carolina. As of this time, no other states 
require fees of North Carolina nurservmen. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



740 



PROPOSED RULES 



Statutory Authority G.S. 106-65.45; 106-65.46; 
106-284.18; 106-420. 

SECTION .1600 - PHYTOPHAGOUS SNAILS 

.1602 REGULATED AREAS 

Movement of nursen' stock, other plant mate- 
rial and articles capable of transporting 
phstophagous snails into North Carolina from 
the following areas is regulated: 

(1) /Ml infested areas in the states of Arizona, 
California, Florida, Hawaii. Miimocota, 
New Mexico, Oregon, Texas, and 
Washington. 

(2) Any other areas hereafter found to be in- 
fested with phytophagous snails. 

Statutory .-luthoritv G.S. 106-65.45; 106-65.46; 
106-284.18; 106-420. 

TITLE 4 - DEPARTMENT OF ECONO.MIC 
AND COMMLN-n V DE\ ELOPMENT 



Jyotice is hereby gi\'en in accordance with G.S. 
150B-12 that the Sorth Carolina Milk Commis- 
sion intends to amend and repeal rule(s) cited as 
4 XC.-iC 7 .0504. and .0506 - .0516. 

1 he proposed effective date of this action is 
January 1. 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 10, 1990 at the Dobbs Building. 
Room 3137, 430 A". Salisbury Street, Raleigh, \. 
C. 27611. 



Co 



. omment Procedures: .A t this hearing, infor- 
mation will also be received as to whether it is in 
the public interest that the Commission withdraw 
the exercise of its powers from all markets, revise 
or amend its rules or adopt new ndes to conform 
to cun-ent market conditions and the need for as- 
sessment. Written comments, data, opinions and 
arguments concerning the proposed repeals and 
amendment must be submitted by October 10, 
1990, to the Sorth Carolina Milk Commission. 
430 \. Salisbury' Street. Raleigh, .V. C. 2'7611, 
.Attention: Gary H. Strickland. Executive Secre- 
tary. 

CHAPTER 7 - MILK COMMISSION 

SECTION .0500 - MARKETING REGUL.VTIONS 

.0504 CLASSIFICATION OF MILK 

(REPEALED) 
.0506 DETERMINATION OF EQLALIZ.ATION 

PA\.MEN IS (REPEALED) 



.0507 



.0508 
.0509 



MINIMUM CLASS PRICES AND 

BUTTERFAT DIFFERENTIALS 

(REPEALED) 

PLANT SHRINKAGE (REPEALED) 

PRODUCER SETTLEMENT FUND 

(REPEALED) 



Statutory A uthority 
(10). 



G.S. 106-266.8(3), (7), 



.0510 HANDLER AND PRODUCER 
PAYROLL REPORTS 

(^ Oft 9>f bofore the oixth day ef the foUo' i ' i ing 
month, e ach handler eh all r e port te the Milk 
Commission &«• forms furnished by the Milk 
Commission ae follows: 

f4-)' The baso »f oaoh qualifiod basehold e r m 
accordance with Rul e .0516(e)(2) aft4 the 
rocoipts ef all North CaroUna basoholding 
milk aft4 roceipto ef miUc from other 
sources including miUc diverted from other 
pool plants te- such handler. 

f5^ Rocoipts ef packaged milk from other 
handlers, receipts from reconstitution. aft4 
aft¥ ©f all oth e r tluid miUv products aft4 
bulk milk aftd cr e am products. 

(4f j^he utilii'-ation aft4 disposition ef^all millc, ' 
fdled milk, reconstituted milk, aft4 millc 
products reported pursuant t» (a)( 1 ) aH4 
(a)(2) ef thi^ Rule. 

(-H -Phe transfer a«4 diversion rf all bulk milk 
aft4 milk products ftet reported h* Para 
graph (a)(3) including such div e rted milk 
d e signated by the handler und e r the pro 
visions &f R-wle .r ) 5ni(2J)(b) »«4 the ' ■ alu e 
recei' i od fof this ' ■ olume. 

f^ 4^he handling aft4 hauling charges incurred 
ift the mo' . oment ef bulk milk from *+«e 
pool plant tB' another pool plant subject 
i» the pro' i isions »f Rule .0513(f). 

(-^ In^ . entories at the beginning aftd eft4 &f the 

month 64' all fluid milk products aft4 other 

products specified m thi* Rule, when s» 

requested. 

(h) ©ft Bf before the sixth 4ay ©f the following 

month, e ach producer association shall report te- 

the commission e» the fonns furnish e d by the 

commission, the foUov i ing infonuation: 

(4-^ 44*e base fof each qualified baseholder i» 
accordance v4th Rule :051^'(e)(2) »S¥i the 
receipts »f ah North Carolina basoholding 
milk aftd rocoipts 64~ m*lh from other 
sources including milk diverted from other 
pool plants tfv such handler. 

(-i| Transf e r aft4 disposition ef diversion ef 
ah milk received from producer sources 
aft4 other sources t© awy Grad e A ef 
manufucluiing outlet v i horo>er locati^d wt- 
cludutLi such diverted milk desiiniated hv 



741 



5:11 NORTH CAROUNA REGISTER September 4, 1990 



PROPOSED RULES 



the handlor undor tb« provir . ions »f Rul e 
.Q501(23)(b) aft4 the valu e r e c e iv e d fef 

i Z\ I k\ j-^ *^ *-\ *^ i--l i « f^ r% j-1 ■-\ ^ l^^^^^^^j^^^ ^^^^^j^^^^^> ^^^^^^j^^^^i 

from e«e pool produc e r aooooiation te 

another pool plant e* pool produoor as- 

Dooiation oubjoct te- ih% provisions »f Rul e 

.0513(f). 

(e) Oft »f boforo tfee fiftfe day »f the following 

month, the purchas e r »f bulk milk shall furnish 

t^ oollor a rocord by clasoos a* te the Hse ©f ali 

millt roGoivod. Payment shall be made by the 

ninth day &f the following month. 

f4) On or before the eighteenth day of the fol- 
lowing month each handler and cooperative shall 
file with the commission on forms furnished by 
the commission, a complete report of all receipts, 
sales, and utilization and a producer payroll 
showing the allocation and gross payment to 
each producer. 

Statutory Authority G.S. 106-266.8(3), (5), (7), 
(12). (14). 

.0511 IMFORM CI ,\SS I AND CLASS II 

PRICES, POOL OBLIGATION, BLEND 

PRICE (REPEALED) 
.0512 COMPLTATION OF SETTLEMENT 

FLND AMOUNTS (REPEALED) 
.0513 METHOD OF SETTLEMENT 

(REPEALED) 
.0514 COMPLTATION OF MILK IN 

EACH CLASS (REPEALED) 
.0515 FINANCIAL RESPONSIBILITY FOR 

MILK RECEIVED B\ BLI.K 

TANKER (REPEALED) 
.0516 USE AND ESTABLISHMENT 

OF CLASS I BASES (REPEALED) 



c 



Statutory A uthority 
(10); 106-266.12. 



G.S. 106-266.8(3), (7), 



****************** 

lyotice is hereby gi\-en in accordance M.-ith G.S. 
1 508- 1 2 that the Hazardous Waste Management 
Commission intends to amend rule(s) cited as 4 
NCAC 18 .0304 and .0306. 

1 he proposed effective date of this action is 
.January /, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on October 8, 1990 at the Utilities Commis- 
sion Hearing Room, Dobbs Building, Second 
Floor, 430 Sorth Salisbwy Street, Raleigh, North 
Carolina. 



omment Procedures: Any interested person 
may present written comments for consideration 
by the Commission. The hearing record will re- 
main open for receipt of written comments from 
August 3, 1990 through October 9, 1990. Written 
comments should be received by the Commission 
by 5:00 p.m. on October 9, 1990, to be considered 
as part of the hearing record. Comments should 
be addressed to: 

Ms. Cindy Trinks 

N.C. Hazardous Waste Management Commission 

Post Office Box 25249 

Raleigh, NC 27611 

Any person may present oral comments at the 
hearing. Requests to speak should be presented 
in writing to Ms. Cindy Trinks at the above ad- 
dress no later than five days before the date of the 
hearing. Additional comments may be allowed 
by the Commission by sign up at the public hearing 
as time allows. All presentations will be limited 
to 5 minutes. According to the procedures set out 
at G.S. 150B-13, these rules were adopted as 
temporary rules, effective August 3, 1990. with a 
proposed effective date as permanent rules on 
January 1, 1991. 

CHAPTER 18 - N.C. HAZARDOUS WASTE 
MANAGEMENT COMMISSION 

SECTION .0300 - SITE SELECTION 
PROCEDURE 

.0304 SELECTION OF SUITABLE SITES 

(e) Notvyithstanding Paragraph (c) of this Rule, 
when proper notice has been provided in ac- 
cordance with Paragraph (c) of this Rule and if 
the Commission has been prc\entcd from con- 
ducting a public meeting because of circum- 
stances beyond the control of the Commission, 
such as the issuance of a court order, the Com- 
mission mav either: 



( 1) cancel the meeting without rescheduling a 
subsequent meeting and accept written 
comments within a time established by 
the Commission; or 

(2) reschedule the meeting bv giving notice of 
such rescheduling to each newspaper, wire 
sersice, radio station and television station 
which has tiled a written request for notice 
with the Commission. 1 his notice shall 
be mailed or deli\'ered at least 14 calendar 
days before the time of the meeting. The 
meeting mav be held m a county other 
than where a suitable site has been desig- 



nated. 



i 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



742 



PROPOSED RULES 



Statutory Authority G.S. l30B-7(a)(24); 
I30B-Il(a): l30B-l'l(b): 1508-13. 

.0306 PREFERRED SITE 

(a) The Commission shall select a preferred site 
in accordance with G.S. 130B-ll(d) and the 
procedures contained in this Rule. 

(b) The site shaU be selected in accordance with 
the criteria set out in G.S. l.fflB-1 1 and 4 NCAC 
18 .0200. 

(c) Prior to the selection of a preferred site, the 
Commission shall comply with the provisions of 
4 NCAC 18 .0304 with regard to public mcctmgs. 
Notic e e+ tit» moL'tini' ohall be publifihcd ^ l e ast 
^ days ¥Pt advance t»f tbe mooting. Notico ef tbe 
mooting nhall be publir . hod ift a nossr . papor ef 
gonoral circulation «• t^ county ftft4 shall be seft* 
tB- the ohainnan ef tbe county commissionors, 
tbe county managor aH4 tbe county health diroc 
tof e4^ »»¥ county i» which a suitabl e srte has 
boon idontifiod: tbe mayor, tbe managor aft4 tbe 
chainnan e4~ t4*e council »f aftv municipality m 
which a r . uitablo Mte ba* boon idontitlod, aft4 afty 
poroon who ba* roquostod a copy &f tbe notioo m 
accordanc e V i ith tbe proc e dur e «*t- e+rt ift 4 
NCi\C 4* .0103. 44w notico 4*aii includo Ae 
date, tim e afni phico e4" tbe mooting: topics te be 
addrossod at- tbe meeting: tbe manner m ' . ' ■ hioh 
public comment w+ii be accoptod: aft4 tbe namo, 
phon e numbor, mailing addro ' H . aft4 location ©f 
tbe individual to contact fof fuilhor infomiation. 

(d) Inibrmation considered during the selection 
process shaU include information provided by the 
site designation review committees and informa- 
tion obtained at the pubUc meetings, and may 
include additional information which the Com- 
mission deems appropriate. If the Commission, 
its agents, or employees, obtains access to enter 
upon the lands of a designated suitable site, the 
Commission may consider results of on-site test- 
ing, if a\ailable, dunng the selection process. 

(e) After selection of the preferred site, the 
Commission will determine the boundaries of the 
final site based upon the amount of land neces- 
sarv' for the facility and any technical consider- 
ations. 

(f) Selection of the preferred site is not a final 
site selection decision for the ficililv. Ihe pre- 
ferred site will becc^me the final site when all 
permits or licenses necessarN' for the construction 
or operation of the facility are obtained. 



Statutory Authority G.S. 
I30B-II: 1308- 20; 1508-13. 



1 308-7 (a) (24): 



1\ otice is hereby given in accordance with G.S. 
1508-12 that the Hazardous Waste Management 
Commission intends to amend nde(s) cited as 4 
NCAC 18 .0304. 

1 he proposed effective date of this action is 
January 1. 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on October 9, 1990 at the Utilities Commis- 
sion Hearing Room, Dobbs Building, Second 
Floor, 430 North Salisbury Street, Raleigh, North 
Carolina. 

\^ omment Procedures: Any interested person 
may present written comments for consideration 
by the Commission. 7 he hearing record will re- 
main open for receipt of written comments from 
August S, 1990 through October 9, 1990. Written 
comments must be received by the Commission on 
or before October 9, 1990. to be considered as 
part of the hearing record. Comments should be 
addressed to: 

Ms. Cindy Trinks 

N.C. Hazardous Waste Management Commission 

Post Office Box 25249 

Raleigh, NC 27611 

Any person may present oral comments at the 
hearing. Requests to speak shoulcf be presented 
in writing to Ms. Cindy Trinks at the above ad- 
dress no later than f eve days before the date of the 
hearing. Additional comments may be allowed 
by the Commission by sign up at the public hearing 
as time allows. A II presentations will be limited 
to 5 minutes. According to the procedures set out 
at G.S. 1508-13, this rule was adopted as a tem- 
porary rule on August 7, 1990, effective August S. 
1990. with a proposed effective date as a perma- 
nent nde on Januaty 1 . 1991 . 

CHAPTER 18 - N.C. HAZARDOUS WASTE 
MANAGE.MENT COMMISSION 

SECTION .0300 - SITE SELECTION 
PROCEDl RE 

.0304 SEI.EC I ION OF SLITABIE SII ES 

(e) Notwithstanding Paragraph (c) of this Rule, 
when proper notice has been provided in ac- 
cordance with Paragraph (c) of this Rule and ff 
the Commission has been prcNcnted from con- 
ducting a public meeting because of circum- 
stances be\ond the control of the Commission, 



'k'k'k'k-k'^'k'k'k'k-k-k'k'k'k-k-k'^ 



the 



^uance of a court order, the Com- 



mission ma\ reschedule the meeting by guing 



743 



5:11 NORTH CAR0LIK4 REGISTER September 4, 1990 



PROPOSED RULES 



notice of such rescheduling to each newspaper, 
wire service, radio station and tele\ision station 
which has filed a written request for notice with 
the Commission. This notice shall he mailed or 
delivered at least 14 calendar davs before the time 
of the meeting. 

Statutory Authority G.S. l30B-7(a)(24); 
I30B-Il(a): I30B-Il(b); I50B-I3. 

TITLE 15A - DEPARTMENT OF 

ENMRONMENT, HEALTH, AND 

NATURAL RESOURCES 



lyotice is hereby given in accordance with G.S. 
J SOB- 12 that the Environmental Management 
Commission intends to amend rule(s) cited as 
ISA NCAC 2B .03 J 3. 

1 he proposed effective date of this action is May 
I, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on October 25, 1990 at the Council Chamber, 
City Hall. lOS S. Lamar Street, Roxboro, NC. 

y^omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information contact 
Suzanne H. Keen, Division of Environmental 
Management, P.O. Box 276S7, Raleigh, NC 
27611, (919) 733-S0S3. 

CHAPTLR 2 - ENVIRONMENTAL 
MANAGEMENT 

SLBCHAI'TER 2B - SI RFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CL.VSSIFIC.ATIONS 

.0313 ROANOKE RIVER BASIN 

(c) The Roanoke River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effective: 



(7) February 1, 1986; 

(8} May I. 1991. 
(d) The Schedule of Classifications and Water 
Quality Standards for the Roanoke River Basin 
was amended effective May \_j_ 1991 with the re- 
classification of flyco Lake (Index No. 22-58) 
from Class C to Class B. 

Statutory Authority G.S. 143-214. 1; I43-21S.I; 
l43-215.3(a)(l). 



ly otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the EHNR - Land Resources intends 
to amend nde(s) cited as ISA SCAC 2K .0104; 
and adopt nile(s) cited as ISA XCAC 2K .0222 
- .0223. 

1 he proposed effective date of this action is 
January I, 1991. 

1 he public hearing will be conducted at J:00 
p.m. on October S, 1990 at the Ground Floor 
Hearing Room, Archdale Building, S/2 North 
Salisbury Street, Raleigh, N.C. 2761 L 



Co 



(1) 


May 18, 1977; 


(2) 


July 9, 1978; 


(3) 


July 18, 1979; 


(4) 


July 13, 1980; 


(5) 


March 1, 1983; 


(6) 


August 1, 1985; 



omment Procedures: A II persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during, or within 
four days after the hearing or may be presented 
at the hearing. Oral statements may be limited 
at the discretion of the hearing officer. Submittal 
of written copies of oral statements is encouraged. 
For more information, contact James D. Simons, 
Division of Land Resources, P.O. Box 276S7, 
Raleigh, N.C. 27611 (919) 733-4574. 

SLBCIIAPTER 2K - DAM SAFETY 
SECTION .0100 - GENERAL PROVISIONS 

.0104 DEFINITIONS 

As used in this Subchapter, the following terms 
have their stated meaning: 
(24) "Construction" means anv action, other 
than by natural causes, that creates a struc- 
ture capable of impounding water or other 
Uquids. or which increases the impoundment 
capacitN' of an existing structure. 1 or the 
purposes of j^A NCAC 2K .(1222. h shall 
also mean the reduction of the heiizJit or 
impoundment capacity of a dam when the 
effect of such reduction will be to exempt 
the d;un from the North Carolina Dam 
Safety I aw of 19h7. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



744 



PROPOSED RULES 



Statutory Authority G.S. 143-215.25; 143-215.31. 

SECTION .0200 - OBTAINING APPROVAL FOR 

DAM CONSTRICTION: REPAIR: OR 

REMOVAL 

.0222 APPLICATION PROCESSING FEES 

(a) A nonrefundable minimun: application 
processing fee, in the amount stated in Paragraph 
(d)(1) of this Rule, shall be paid when an appli- 
cation for construction or removal of a dam is 
filed in accordance with 15A NCAC 2K .0201. 
Each application for construction or removal of 
a dam shall be deemed incomplete and shall not 
be reviewed until the minimum application 
processing fee is paid. 

(b) A nonrefundable additional application 
processing fee, in the amount stated in Paragraph 
(d)(2) of this Rule, shall be paid when the as- 
built plans are submitted to the Director in ac- 
cordance with 15A NCAC 2K .0215. Final 
approval to impound, pursuant to 15A NCAC 
2K .0220, shall not be granted until the owner's 
certification and the accompanying documenta- 
tion are fded in accordance with Paragraph (e) 
of this Rule, and the additional processing fee is 
paid. 

(c) The application processing fee for the con- 
struction or removal of a dam shall be based on 
the actual cost of construction or removal of the 
applicable dam. 

(1) The actual cost of construction or removal 
of a dam shall include all labor and mate- 
rials costs associated with the construction 
or removal of the dam and appurtenances. 

(2) The actual cost of construction or removal 
of a dam shall not include the costs asso- 
ciated with acquisition of land or right of 
way, design, quality control, electrical 
generating machinery, or constructing a 
roadway across the dam. 

(d) Schedule of Fees: 

(1) The minimum application processing fee 
shall be two hundred dollars ($200.00^ 

(2) The additional application processing fee 
shall be the following percentages of the 
cost of construction or removal: 

(A) 2 percent of the actual costs between 
ten thousand and one dollars ($10,001) 
and one hundred thousand dollars 
($100,000); 

(B) 1.5 percent of the actual costs between 
one hundred thousand and one dollars 
($100,001) and five hundred thousand 
doUars ($500,000); 

(C) 1.0 percent of the actual costs between 
five hundred thousand and one dollars 



($500,001) and one million dollars 
($1,000,000); 
(D) 0.5 percent of the actual costs over one 
million doUars ($1,000,000). 
In no case, however, shall the additional appU- 
cation fee be more than fifty thousand dollars 
($50,000). 

(e) Immediately upon completion of con- 
struction or removal of a dam, the owner shall 
tile with the Director a certification, on a form 
prescribed by the Department, and accompany- 
ing documentation, which shows the actual cost 
Incurred by the owner for construction or re- 
moval of the apphcable dam. 

(1) The owner's certification and accompany- 
ing documentation shall be fded with the 
as-built plans and the engineer's certif- 
ication in accordance with 15A NCAC 
2K .0215 and 15A NCAC 2K .0216, re- 
spectively. 
(2; If the Director finds that the owner's cer- 
tification and accompanying documenta- 
tion contain inaccurate cost information, 
the Director shall either withhold fmal 
impoundment approval, or revoke fmal 
impoundment approval, until the owner 
provides the accurate documentation and 
that documentation has been verified by 
the Department, 
(fj Payment of the dam application processing 
fee shall be by check or money order made pay- 
able to the ''N.C. Department of Environment, 
Health, and Natural Resources". The payment 
should refer to the applicable dam. 

(g) In order to comply with the Limit on fees 
set forth in G.S. 143-21 5.28(a), the Director shall, 
in the first half of each state fiscal year, project 
revenues for the fiscal year from fees collected 
pursuant to this Rule. If this projection shows 
that the statutory limit wiU be exceeded, the Di- 
rector shall order a pro rata reduction in the fee 
schedule for the remainder of the fiscal year to 
a\oid revenue collection in excess of the statutor>" 
limits. 

Statutory .Authority G.S. 143-21 5. 28 A. 

.0223 DAM HEIGHT AND STORAGE 
DEIERMINATION 

(a) For the purpose of determining size classi- 
fication, the height of a dam shall be measured 
from the highest point on the crest of the dam to 
the lowest point on the downstream toe. 

(b) The total storage capacity of a dam shall 
be that volume which would be impounded at 
the elevation of the highest point on the crest of 
the dam. 



745 



5:11 SORTH CAROLL\A REGISTER September 4, 1990 



PROPOSED RULES 



Statutory Authority G.S. 143-215.31. 



^■k-k-k-k-k-k-k-k-k-k-H-k-k-k-k-k-k 



No 



otice is hereby given in accordance with G.S. 
J SOB- 12 that the EH MR - Land Resources intends 
to amend nde(s) cited as ISA NCAC 4A .OOOS; 
and adopt nde(s) cited as ISA NCAC 4B .0027 
- .0028. 

1 he proposed effective date of this action is 
January 1 , 1991 . 

1 he public hearing will be conducted at 3:00 
p.m. on October S, 1990 at the Hearing Room. 
Archdale Building, SI2 N. Salisbury St., Raleigh, 
N.C. 27611. 

(^ ommcnt Procedures: A II persons interested in 
this matter are imited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during, or within 
four days after the hearing or may be presented 
orally at the hearing. Oral statements may be 
limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information, contact Mell 
Nevils, Division of Land Resources. P.O. Box 
27687, Raleigh, N.C. 27611 (919) 733-4S74. 

CHAPTER 4 - SEDIMENTATION CONTROL 

SLBCIIAPTER 4A - SEDIMENTATION 
CONTROL COMMISSION ORGANIZATION 

.0005 DEFINITIONS 

As used in this Chapter, the following terms 

shall have these meanings: 

(27) "Coastal counties" means the following 

counties: Beaufort, Bertie, Brunswick, 

Camden, Carteret, Chowan, Cra\cn, 



Currituck, Dare, Gates, Hertford, Ilvde, 



New 



I lano\er. 



Onslow, 



Pamlico, 



Pasquotank, Pender, Perquimans, IXrrell 
and Washington. 

Statutory Authority G.S. II3A-S2; II3A-S4. 

SLBCIIAPTER 4B - EROSION AND SEDIMENT 
CONTROL 

.0027 PLAN APPROVAL FEES 

(a) A nonrefundable plan review processing fee, 
in the amount stated in Paragraph (b) of this 
Rule, shall be paid when an erosion and 
sedimentation control plan is filed in accordance 
with 15A NCAC 48 .0018. 



(1) Each plan shall be deemed incomplete 
until the plan review processing fee is 
paid. 

(2) The plan review processing fee shall be 
based on the first acre and each additional 
acre, or any part thereof, of disturbed land 
shown on the plan. 

(3) No plan review processing fee will be 
charged for review of a revised plan unless 
the revised plan contains an increase in 
the number of acres to be disturbed. If 
the revised plan contains an increase in 
the number of acres to be disturbed, the 
plan review processing fee to be charged 
shall be the amount stated in Paragraph 
(b) of this Rule for each additional acre 
(or any part thereof) disturbed. 

(b) Schedule of Fees: 

First Acre ' Each Additional Acre (or 
Disturbed anv part thereof) Disturbed 

$30.00 ' $20.00 

(c) Payment of the plan review processing fee 
shall be by check or money order made payable 
to the "N.C. Department of Environment, 
Health, and Natural Resources". The payment 
should refer to the erosion and sedimentation 
control plan. 

(d) In order to comply with the limit on fees 
set forth in G.S. 113A-54.(a), the Director shall, 
in the first half of each state fiscal year, project 
revenues for the fiscal year from fees collected 
pursuant to this Rule. If this projection shows 
that the statutory limit will be exceeded, the Di- 
rector shall order a pro rata reduction in the fee 
schedule for the remainder of the fiscal year to 
avoid revenue collection in excess of the statutory 
limits. 

Statutory Authority G.S. II3A-54; II3A-S4.2. 

.0028 PLAN APPROVAL CERTIFICATE 

(a) Approval of a sedimentation and erosion 
control plan will be contained in a document 
caUed "Certificate of Plan Approval" to be issued 
by the Commission. 

(b) The Certificate of Plan Approval must be 
posted at the primary entrance of the job site 
before construction begins. 

Statutory Authority G.S. II3A-S4(b). 

kk-k-k-k-kk-kk-kkk-kk-k-k-k-k 



ly Otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the EHNR - Land Resources intends 
to adopt ndc{s) cited as ISA NCAC SB .0012. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



746 



PROPOSED RULES 



1 he proposed effective date of this action is 
January I. 1991.' 

1 he public hearing will be conducted at 10:00 
a.m. on October 5, 1990 at the Ground Floor 
Hearing Room, Archdale Building, 512 .\orth 
Salisbury Street, Raleigh, A'.C 2761 1 . 

O omment Procedures: A II persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to. during, or within 
seven days after the hearing or may be presented 
at the hearing. Oral statements may be limited 
at the discretion of the hearing officer. Submittal 
of written copies of oral statements is encouraged. 
For more information, contact Tracy E. Davis, 
Di\ision of Land Resources, P.O. Box 27687, 
Raleigh. A'.C. 2~611 (919) 733-45^4. 

CHAPTER 5 - MINING: MINERAL RESOURCES 

SUBCHAPTER 5B - PERMITTING AND 
REPORTING 

.0012 PERMIT APPLIC.\TION PROCESSING 
FEES 

(a) A non-refundable permit application proc- 
essing fee. in the amount stated in Paragraph (c) 
of this Rule, shall be paid when an application 
for a new mining permit, a major permit modifi- 
cation or a renewal permit, is tiled in accordance 
with G.S. 74-51 or G.S. 74-52 and 15A NCAC 
5B .0003. .0004, and .0005. 

(b) A non-refundable fifty dollar ($50.00) per- 
mit application processing fee for a minor permit 
modification is required for administrative 
changes such as ownership transfers, name 
changes, and bond substitutions. All other 
changes to the permit are major modifications. 
No fee is required for administrative changes ini- 
tiated by the Director to correct processing er- 
rors, to change permit conditions or to 
implement new standards. 

(c) For the purposes of this Rule, acres for new 
permits and renewal permits means the total 
acreage at the site; and acres for modification of 
permits means that area of land affected by the 
modification within the permitted mine area, or 
any additional land to be added to an existing 
permitted area, or both. Each permit application 
shall be deemed incomplete until the permit ap- 
plication processins fee is paid. Schedule of 
Fees: 

NEW 
TYPE .ACRES PERMIT 



CLAY 


1 but less 
than 25 


$ 500 




25 but less 


1000 




than 50 






50 or more 


1500 


SAND & 


1 but less 


250 


GRAVEL 


than 25 




AND 


25 but less 


500 


BORROW 


than 50 




PITS 


50 or more 


1000 


QUARRY, 


1 but less 


250 


INDUSTRIAL 


than 10 




.MINERALS, 


10 but less 


1000 


DIMENSION 


than 25 




STONE 


25 but less 
than 50 


1500 




50 or more 


2500 


PEAT& 


1 or more 


2500 


PHOSPHATE 






GOLD (HEAP 


1 or more 


2500 


LEACH), 






TITANTIUM & 






OTHERS 






M.UOR 






MODIFICATION 


RENEWAL 



$250 

500 
500 

100 

250 

500 
100 

250 

500 

500 
500 

500 



$250 

500 
500 

100 

500 

500 
100 

500 

500 

500 
500 

500 



(d) Payment of the pennit application proc- 
essing fee shall be by check or money order made 
payable to the "N.C. Department of En\iron- 
ment, Health, and Natural Resources". The 
payment should refer to the new permit, permit 
modification or permit renewal. 



747 



5:11 SORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



(e) In order to comply with the limit on fees 
set forth in G.S. 143B-290(4)b, the Director shall, 
in the first half of each state fiscal year, project 
revenues for the fiscal year from fees collected 
pursuant to this Rule. If this projection shows 
that the statutory limit will be exceeded, the Di- 
rector shall order a pro rata reduction in the fee 
schedule for the remainder of the fiscal year to 
avoid revenue collection in excess of the statutory 
limits. 

Statutory Authority G.S. I43B-290. 

•k'k'k'k'k'k'k'k'k'kii'k'k'k'k'k'kii 



(3) 



1\ otice is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as ISA NCAC I OF .0340. 

1 he proposed effective date of this action is 
January I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 4, 1990 at Room 386, Archdale 
Building, 512 N. Salisbury Street, Raleigh, AC 
27604- J/ 88. 



Co 



- omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
September 20. 1990 to October 19, 1990. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 512 N. 
Salisbury Street. Raleigh, \C 27604- IISS. 

CH.VPTKR 10 - WILHIIFE RESOLRCES AND 
WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGLLATIONS 

.0340 CLRRITUCK COUNTY 

(a) Regulated Areas. This Rule applies to the 
waters and portion of waters described as foUows: 

(1) Bell's Island. The waters contained in all 
the canals on Bell's Island. 

(2) Intracoastal Waterway. The portion of 
the Intracoastal Waterway within the 
"slow speed" zone established by the 
United States /Vrmy Corps of Engineers 
on both sides of the U.S. Highway 158 
bridge at Coinjock. 



(4) 



Walnut Island Subdivision. The waters 
in all the canals in the Walnut Island 
subdivision in the Village of Grandy. 
Neal's Creek I.,anding. Those waters of 
Currituck Sound within 50 yards of Neal's 
Creek Landing as delineated by appropri- 
ate markers. 
(5) TuU's Bay. Those waters which constitute 
the canals of the TuU's Bay Colony sub- 
division and 50 yards north along the 
Mississippi Canal from its intersection 



ississippi 
with Hlizabeth Canal. 



(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake 
speed within any of the regulated areas described 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Currituck 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule, subject to the approval of the 
L'nited States Coast Guard and the United States 
Corps of Engineers. 

Statutory Authority G.S. 75A-3; 75A-/5. 



*■*****■*■*■****■*■***■*■* 



A^. 



otice is herebv given in accordance with G.S. 
150B-I2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as I5A NCAC lOH .0301. 

1 he proposed effective date of this action is 
January I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 8, 1990 at Room 386. Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC 
27604-1188. 

(^ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
September 24, 1990 to October 24, 1990. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 5/2 N. 
Salisbury Street. Raleigh. NC 27604- H 88. 

SUBCHAPTER lOH - REGUL.ATED ACTIMTIES 

SECTION .0300 - HOLDING WILDLIFE IN 
CAPTIVITY 

.0301 GENERAL REQLIREMENTS 

(a) Captivity Permit 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



748 



PROPOSED RULES 



(1) Requirement. The possession of any 
species of wild animal which is or once 
was native to this State or any species of 
wild bird which naturally occurs or his- 
toncally occurred in this State, being na- 
tive or migrator)', is unlawful unless the 
institution or individual in possession 
thereof has first obtained from the Wildhfe 
Resources Commission a captivity permit 
or a captivity license as required bv this 
Rule. 

(2) Injured, Crippled or Orphaned Wildlife. 
Notwithstanding the preceding Subpara- 
graph (1), a crippled, injured or orphaned 
wild animal or wild bird, except deer or 
black bear may be taken and kept in pos- 
session for no longer than five days, pro- 
vided that during such five-day period the 
indi\idual in possession thereof shall ap- 
ply to the Wildlife Resources Commis- 
sion, or a wildUfe cnlbrcement officer of 
the Commission, for a captivity permit. 
Deer and Black Bear. Captivity permits 
will not be issued for crippled, injured or 
orphaned deer or black bear, oxcopt te- 
certain rohabilitutoro prodooianutod t*y A» 
Commi ' . .' . i ion te provid i^ t e mporaP i ' eaf» 
fep tWf aft4 black bear. No person except 
fof a- rohabilitator prodooignati ' d b^ A« 
Commif i L" . ion, shaU keep a crippled, in- 
jured or orphaned deer or black bear in 
possession for longer than 24 hour period. 



Statutorv Authority G.S. 
113-274; 113-292. 



113-134: 1 1 3-27 2.5; 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



Jyotice is hereby given in accordance with G.S. 
I SOB- 12 that the Sorth Carolina Board of 
Mortuary Science intends to amend rule(s) cited 
as 21 X'C AC 34 .0123. 

1 he proposed effecti\'e date of this action is 
Januafy I. 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 15, 1990 at the Sorth Carolina 
Board of Mortuary. Science. 4/2 .Worth 

Wilmington Street, Raleigh. .\C 27601. 

O omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing, or in writing prior to the hearing 
by personal delivery or by mail addressed to Ms. 
Corrine J. Culbreth, Executive Secretary, North 



Carolina Board of Mortuary Science, 412 North 
Wilmington Street. Raleigh, NC 27601. 

CHAPTER 34 - BOARD OF MORTLARY 
SCIENCE 

SECTION .0100 - GENERAL PROVISIONS 



.0123 FEES 

Fees shall be as follows: 
Establishment permit 
Application 
Annual renewal 
Late renewal penalty 
Establishment reinspection 
fee 

Courtesy card 
Application 
Annual renewal 
E^mbalmcr 
Funeral director 
Funeral s e r i ic e 
Out-of-state Licensee 

Application 
Embalmer, funeral director, 
funeral ser\'ice 

Application, North Carolina 
resident $100.00 

Application, non-resident 
Annual renewal 
Embalmer 
Funeral director 
Funeral ser\ice 
Reinstatement fee 
Embalmer 
Fun e ral director 
Funeral ^i e P i 'ic B 
Resident trainee permit 
Application 
Annual renewal 
Late renewal penalty 
Duplicate license 
certificate 

Chapel registration 
Application ^ 
Annual renewal 



$250.00 



$150.00 


$100.00 


$100.00 


$ 75.00 
$ 50.00 



$150.00 
$100.00 






$150.00 $200.00 



$150.00 
$100.00 $200.00 






S4 



S QQ 



S5a^ 



$ 40.00 
$ 40.00 
$ 60.00 
$ 50.00 



$ 50.00 
$ 35.00 
$ 25.00 



$ 25.00 

$150.00 
$100.00 



Statutorv Authority G.S. 90-2 10.23(a); 
90-210.2S; I50B-II. 



•k'k'k'k-k'k'k'k-k-k-k-k'k'k-i^-k-k-k 



No 



otice is hereby gi\-en in accordance with G.S. 
I SOB- 1 2 that the North Carolina State Board of 
Examiners for Nursing Home A dministrators in- 
tends to amend rule(s) cited as 21 \CAC 37 
.0208, .0211, .0301 - .0304, .0402, .0404 - .0405, 



'49 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



.0502. .0505, .0507 - .0509, .05/2, .05/7, .05/9, 
.0904, .0906, .09/2; and intends to repeal rule(s) 
cited as 2/ NCAC 37 .05/3, .05/8, ./004. 

1 he proposed effective date of this action is 
January /, /99/. 

1 he public hearing will be conducted at /0:30 
a.m. on October 4, /990 at 3700 National Drive, 
Suite /04, Raleigh, N.C. 

y^omment Procedures: Written comments may 
be sent to NC State Board of Examiners for 
Nursing Home Administrators, 370/ National 
Drive, Suite /23, Raleigh, NC 276/2. Request for 
an opportunity to present oral testimony and a 
summary of the testimony must be received at this 
address no later than September 25, /990. 

CHAPTER 37 - BOARD OF NURSING HOME 
ADMINISTRATORS 

SECTION .0200 - PREREQUISITES TO 
LICENSURE 

.0208 EXAMINATIONS 

The applicant must successfully complete Hve- 
such examinations givon as required by the 
Board. 

Statutory Authority G.S. 90-280. 

.0211 ORAL INTERVIEW 

The applicant must appear before the Board for 
a personal interview before the Board issues ap- 
proval of AIT program. 

Statutory Authority G.S. 90-278; 90-285. 

SECTION .0300 - APPLICATION FOR LICENSE 

.0301 APPLICATION 

(a) /\n applicant for examination and quali- 
fication for a license shall make application on a 
form obtained by writing: N.C. State Board of 
Examiners for Nursing Home Administrators, 
4Sm Cr & L ' dmoor Road, ^^wte 3m, 3701 National 
Drive, Suite 123, Raleigh, North Carolina, 27612. 

(b) The form shall include the applicant's 
name, employment experience, educational 
qualifications, questions pertaining to moral 
character, and any other information that the 
Board requires to be in the application. 

Statutory Authority G.S. 90-278; 90-285. 

.0302 INITIAL LICENSURE FEE 

The applicant will send to the Board, prior to 
licensure, an initial licensure fee of two hundred 



twentv-fi\-e dollars ($300.00) ($225.00) when ap- 
plicant has successfully passed both the National 
and State exams. 

Statutory Authority G.S. 90-280. 

.0303 REFERENCES 

A candidate for licensure shall submit with his 
application twe three current, original letters (one 
of which must be from a previous employer) 
from individuals who shall certify to the good 
moral character of the applicant. 

Statutory Authority G.S. 90-278; 90-285. 

.0304 FELONIES AND/OR .MISDEME.\NORS 

(a) Felony. An applicant for licensure who has 
been convicted of a felony showing professional 
unfitness by any jurisdiction shall not be permit- 
ted to teke A# examination fof lic e nsur e enter the 
AIT program or otherwise be licensed unless his 
rights of citizenship have been restored. 

(b) Misdemeanor. An applicant for licensure 
who has been convicted of a misdemeanor 
showing professional unfitness by any jurisdic- 
tion shall not be permitted to telte the oxamina 
tioft fof lioonnuro enter the AIT program or 
otherwise be licensed unless he has served the 
sentence imposed for the misdemeanor. 

Statutory Authority G.S. 90-278; 90-285. 

SECTION .0400 - COURSES OF STUDY 

.0402 APPROVAL OF PROGRAMS OF STUDY 
IN ACCREDI LED 1NSTHUTIONS 

An Al r must obtain prior approval from the 
Board before taking a program of study designed 
to train and qualify applicants for licensure as 
nursing home administrators offered by tHW an 
accredited university, college, or community col- 
lege: correspondence program or other board 
approved courses which contains instruction on 
the services provided bv nursing homes, laws 
governing nursing homes, protection of patient 
interests and nursing home administration, r f hall 
b« dc ' L ' mL'd acoL ' ptuhl e rtft4 approi i od if i4- includus 
the following go n oral riuhj e ot aroar i Bf thoir 
uquivuk^nto: 

f44 applicabl e r . tandardo »f onvironmL'ntal 
h e alth »ft4 r . afoty, 

f3^ local health aft4 r . afety regulations, 

(^ gonoral administration, 

f4.> psychology »f patient care, 

fS^ principles e+ m e dical caro, 

(-6^ personal a«4 social caro. 

ift long torm care, 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



750 



PROPOSED Rl'LFS 



{i^ tli ' pdiliiu ' iiliil uruiiii i i'iilinii rt«4 tuiiiiiigi ' 

nu'iil. rt++4 
fU4 L'omimmily mti ' iTL ' liilmiV i liip 'f . 

Slamiory Authority G.S. QO-J'S: W-JSS. 

.0404 ( OMIM INC KDl (M ION I'KOliK AMS 
Ol SI I m 

(a) riic Board shall certify and administer 
courses in continuing educatitni for the profes- 
sional de\elopmcnt of nursing home administra- 
tors and to enable persons to meet the 
requirements of these Rules. It ij> the rcsponsi- 
bilitN iM the licensee \o. l^cep a recti rtl ot^ Im con- 
tinuinL: cduc.ition hours. C'crtitied courses, 
including those sponsored by the Board, an ac- 
credited university, college or community college, 
associations, professional societies, or organiza- 
tions shall 

( 1 ) contain a minimum of two classroom 
hours of academic uork and not more 
than eiglit classroom hours within a 
24-hour penod; and 

(2| include instaiction m the following general 
subject areas or their equi\'alents: 

(A) applicable stand, irds of en\ironmental 
health and safety; 

(B) local health and safety regulations; 

(C) general administration; 

(D) psychology of patient care; 
(F) pnnciples of medical care; 

(F) personal and social care; 

(G) therapeutic and supportive care and 
sen. ices in long-term care; 

(H) departmental organization and man- 
agement; 
(I) communit\ interrelationships. 

(b) Certified courses not administered by the 
Board shall: 

( 1 ) be submitted to the Board for approval at 
least 30 days prior to the presentation of 
the program; 

(2) be accompanied with a fee of twenty-five 
dollars ($25.00) to cover the cost of re- 
\iewing and maintaining records associ- 
ated with the continuing education 
program; and 

(3) be approv ed for a penod of one >ear from 
the date of initial presentation. 

(-<?-> C e rtifi e d cour -.e- : . L . hall t><? e ligibl e fof t*se hy 
im A4-J- k+f U>e bonur . education option »^ p*e- 
s idod k+f hrt Rulij I ) 5 1 ^ 1 (-4 ihi-r Chiipter. 

(ci (-4^ 1 he Board shall charge a fee for courses 
sponsored by it in an amount sutlicient to cover 
the Board s costs. 

Statutun Authority G.S. 'XJ-l'^S; 90-280; 90-2S5; 
<Ai-2S6. ' 



.0405 VKKIFK AllON Oh Al IKND.WC K 

Upon completion of a certified continuing edu- 
cation course, the sponsor of the course shall is- 
sue certificates of attendance to those who attend. 
f he sponsor must also submit a roster of those 
who attend to the Board within ten d:ivs. It is 
the participants responsibilit\' as a licensed 
Nursing I lome .Administrator \o_ maint<iin course 
certific.ites and submit ccipies with the biennial 
renewal fee. 

Statutory Authority (IS. W-27H: 90-285; 90-286. 

SKC I ION ,0500 - 
ADMIM.SIKAI()K-IN-IK\IMN(; 

.0502 AIM'I ICAllON l() BF{()MK 

ADMIMSIKAIOK-IN-IKAIMNG 

(a) The applicant will submit to the Board an 
application, which shall contain such information 
as name, education, employment history, 
questions pertaining to moral character, any 
other information the Board may feel it needs to 
be in the application, and an affidavit stating that 
the applicant, if granted a hcense, will obey the 
laws of the state and the rules of the Board, and 
wiU maintain the honor and dignity of the pro- 
fession. 

(b) I he applicant wiU submit a background 
resume indicating the areas in which he is com- 
petent or lacking. 

(c) I he applicant will submit three current or- 
ianal letters of reference which shall cerlih' his 
or her moral character. 



(d) fef 1 he applicant will supply a certified cop.\ 
of each coUege transcript indicating the courses 
completed and hours earned, specifying whether 
semester or quarter hours. Instead of a transcript 
the apphcant will supph documentation of his 
supervisory e.\penence in a nursing home U he is 
utilizing the experience substitute for the sec- 
ondan, education requirement. 

(ei f4+ .A fee of • j . e' .e nl; . fiv e dollars . ($75.00) one 
hundred dollars (SlOn.OO) ^hall be submitted w ith 
the application. 

Statutory Authority G.S. 90-2^8; 90-280; 90-285. 

.0505 .MlMIMSlRAIOR-IN-rRAIMNG 
SKI F.CIION 

(a) From an appro\ed hst of preceptors, the 
trainee will select a preceptor of his choice prior 
to submitting application to the Board 

(b) It shall be the responsibilit\ ot the trainee 
to contact a preceptor to detennme it the 
preceptor will accept the .\I I . 

(c) Once a preceptor accepts an .\1 I . cluingi." . 
mu '. t l*e approved hy (4+e Btuird the preceptor 



751 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



must suhmit to the Ooard a written statL-mcnt 
that he or she is wtllint; to scn'c as a preceptor. 

(d) The preceptor shall notity the Board of the 
date of acceptance and the date of any discon- 
tinuance of traineeship. 

(c) An\' change in preceptor must be appro\ed 
by the Board. 

Statutory Authority G.S. 90-27S: 90-2S5. 

.0507 AIMM ICAIION FOR PRECEPTOR 
CER line ATI ON 

(a) Anyono A licensed Nursing Home Admin- 
istrator wishing to be certified as a preceptor for 
the Air program may apply to the Board on an 
application obtained by writing: N.C. State 
Board of F-xaminers for Nursing Home Admin- 
istrators, 4^aa CrL'fdmoor Road, Swte i^r 37(11 
National Dri\e, Suite 123. Raleigh, North 
Carolina 27612. 

(b) The application form shall require such in- 
formation as the applicant's name, address. Li- 
censing history, education, experience, and other 
information which the Board deems necessary. 

Statutory Authority G.S. 90-2^8: 90-2S5. 

.0508 PRECEPTOR Ql Al lEICA IIONS 

(a) To be certified as a preceptor the nursing 
home administrator must: 

(1) exemplify the highest ethical and profes- 
sional stiindards; 

(2) have practiced in the field of nursing home 
administration a minimum of throo two 
years, or have a masters degree in health 
care administration and have practiced in 
the field a minimum of one \ear; 

(3) express himself well and be at ease in a 
teaching situation; 

(4) be the full time administrator of a facility 
which is licensed by the Division of Fa- 
cility Services as a nursing home and be 
physically present in the facility a mini- 
mum of Hve- three days per week; 

(5) successfully complete a preceptor training 
f . cminar undor (4w direction ef course ap- 
proved bv the Board; and 

(6) complete Mi 40 hours of continuing edu- 
cation durmg the 24 months preccdmg 
application for certification. 

(b) A preceptor must be recertified each two 
years by the Board in accordance with the quali- 
fications as set out in (a) of tins Rule. 

(c) The preceptor and the Al I shall spend a 
minimum of four hours per week in onentation, 
direct instruction, planning and e\alualion. 

(d) Preceptor must cerlif\ that he has ser\ed 
as an administrator for at least two vears, or has 



a master's degree and has served as an adminis- 



trator for one year, and that his facility(ies) did 
not have anv serious federal or state sur\'ev defi- 



ciencies that atfect the health and safety of the 
residents. 

Statutory^ Authority G.S. 90-278; 90-285. 

.0509 PROGRAM ANO CI RRK I I IM 

(a) The length of AIT program and the cumc- 
ulum for the internship will be presented to the 
Board bv the , preceptor dtiring the personal 
interview as required. 

(b) f*| The preceptor will submit to the Board 
prior to or within the first week of internship an 
individualized curriculum for the AIT which will 
provide the trainee with on the job experience in 
the nine subject areas outlined in Rulo .0103 
Rule .0403 of this Chapter. 

f4*^ 44^ proceptor wtU ovaluato th^ background 
a«4 e xp e ri e nc e e+ the A-ff te dotonnino t i pocifio 
ar e as ei concentration. 

Statutory Authority G.S. 90-278; 90-285. 

.0512 PRECEPTOR'S REPORTS 

(a) The preceptor shall submit to the Board a 
training progress report for the -MI at the end 
of each month." 

(b) fa^ At the end of the approved AIT pro- 
gram, the preceptor will submit a final report and 
an evaluation of the AIT on fonns prosided by 
the Board. These forms are to be submitted to 
the Board within ten davs of completion of the 
/MI program. The forms will require the name 
of the AIT, the place of training, an evaluation 
of the AIT's abilities, and other infonnation that 
the Board requests. The preceptor will sign the 
forms. 

(c) ffe^ The reports will be filed in the All 's file 
in the Board's office and will become a perma- 
nent record in the individual's file. 

Statutory Authority G.S. 90-27S; 90-285. 

.0513 PRECEPTOR'S CIIECKI 1ST 
(REPEAI ED) 

Statutoty Authority G.S. 90-278; 90-285. 

.0517 AIT TIME ON THE JOB 

(a) The AIT shall ser\e a 50 v i oek an internship 
recommended bv the preceptor and appro\ed bv 
the Board with of a minimum of 40 hours per 
week. unl e-.'. . m Ae opinion frf tl+e Board ef 
procoptor, the :\\\ noodn additional training Bf 
uiiIl ' ^ .;! f4+e intont 'i hip penod h- loducod under 
ft«;^ ,4i4« ^ .05 10(b) ef Ott* Sfclion. The 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



752 



PROPOSED RULES 



minimum AIT program is 12 weeks, which may 
not be reduced except as stated in Rule .0520 of 
this Section. 

(b) An internship which has been discontinued 
by a period of military' ser\ice shall be allowed to 
be completed within a year alter that ser\"ice. 

(c) An mtemship which has been discontinued 
for any purpose other than militar\' ser\'ice can- 
not be completed if the absence exceeds one year 
from the date of discontinuance. 

(d) Only one discontinuance is allowed. 

Statuton- Authority G.S. 90-278: 90-2S5. 

.0518 BOM S FDLC.VriON OPTION DLRING 
IKAIMNC; (REPEALED) 

Statuton- Authority G.S. 90-27S: 90-285. 

.0519 ADMIMS I K.\TOR-IN-l RAINING 
PR()(,RAM 

(a| The requirement for sen."mg as an AIT does 
not apph' to an applicant who: 

(Ij has a baccalaureate or masters degree in 
nursing home administration or a related 
health administration field from an ac- 
credited institution; and . 
(2) as part of his educational experience he 
completed at least a 12 week approved 
AIT internship in a North Carolina nurs- 
ing home under the supcr\'ision of a 
preceptor. 
f4*^ Art applicant V i ho h*r a- hacc(i]auri.'(itL' ef 
mci ' jterr i JogroL * from a» accrodilod institution t*f 
who k*^ ■. upor . if ' Opy work oxpononco h»¥ roduco 
t-hr^ length f4' h** AIT program tft accorJancL' vrith 
t4+e schijdulL' ?^ tHrt » t4*ts Rule A«- uppliCLint 

H**y r e ci. ' i' . t.' » r^ ' diiction t+*f only e+vi* e4 t+n* 4e- 
grooD. Reduction ' : , fe* oxpononce ttfe otutc'd ift 
tormo ei ' on icL* fo* L'ach fott VL'ar worked. 
fkf Iducdtion: 

<-A4 ^ V i L ' ek '. doctoratL' m mLHiicint': 
(-B4 ^ woek 'i doctorate t» h e alth 6t;4<Jr 
{Q-f 3# week;} — doctorate » ■ . . ocial ■ jcience 

(4^ 3U ' ■ veek '^ — doctorate i» asv other field: 
fp4 :^ week 'I — master ', wt nurving homo a^ 

inini ' jtratiun t*f related luMlth adminji i 

t rat ion fteW ' ■ ' ■ ithout aft inlenvjliip m- a 

n urging home a^ 

.n5h ) (a): 
f4^ ^ ' . ' . oek ' . ' — masleri ' 



's pecified m- Rule 
» bu ' jineL .' j ef public 



adniiniLjlrutum: 

(nur ' ung. physical therapy): 
f-I4+ 5U V . eek ' j — ma ' . . lerc i » L ' Ociol [ f cionco 



fi^ 4-^ weokf . — macters m aft¥ other 6e44 

(law, phyoicol ocienceg ; ): 
(4^ 3© wooko — bacoalaureato dogroo ift nuro 

tftg homo administration &f related health 

adminiotration fti*ki ' ■ V ' ithout aft intem^ . hip 

ift a nuri' p ing homo *s opocilied ift Rule 

.051Q(a); 
f44^ +0 woeko — baccalaureate degree i» 

bur . inooG ef pubho adminii i tration: 
ft) -W ' i VeelcG — baccalaureate dogroo ift 

nurf . ing 6>f oth e r health related field: 
frU-^ -W ' ■ ' ■ eok !' — baccalaureate degree » *e- 

ekti i . cionco fi e ld; 
f^ -S ' ■ veokr . any other baC ' Calauroato de- 

(-3-)' Fxperienc e : 

(-A) + ' i vookc ' — nuroing homo udminir ' tration; 

fft^ 4 weokf i — hospital administration; 

fG4 -^ V i oekr . — operator &f administrator ©f 

■ 't t t-i .-t r- Vl .-1 .1 I t 1-1 t - I i-'l I < t t - ..- 1 1 ■ ^ V^ O ^~ -I 1-. .-1 r~r-\ . ~. T ^^ «- t Vl .-> 

l ■ V I i^> 1 rTCTTTTTT 1 m> Lll I T - ' U ^ 1 1 U.^' CT 1 H^' I 1 l^_' 1 1^' I I i HJ 

f©^ 4 weeks — director el' nursing ift a hos 



pital e>f nur '. ing home; 
(t+ 4 weeks — stat e t»f f e deral ' 






candidate applies nursing homo standards; 
(4^ i V i oek ' , . — supers is ' Or (-4 a health tw S i ocial 
son ices department w- a hospital t+f nurs 
i«e home; 
fQ-^ 4 week — supeni '. ory position ift health 

ef social sep . ices program; 
f444 4 v i oek — non health related suporsisoP i ' 
expenence. 
(-4^ 44m:' minimum e4 42 ' ■ ' ■ oeks e4-" '. op i ico a^ a» 
administrator in training may bi» reduced a* ti*e 
discretion ef A<* Board upon t4*t» submission &f 
osidonco SiitisfactorV ' te tfee Board tlwt- A*» appli 
cant: 

f4^ brt^ ha4 a management position fof ft*ftf 
years ' . ' ■ ithin tl+e pro' , ious fi-vt» year '. Ht a 
hospital V i hich ha* b e ds licensed fof nurs 
ift^ homo lo' i ol e+" care. «• ' ■ vhich position 
tht* lo' i ol t4' responsibility aft4 complexity 
fof t4*e managem e nt 64 luimLin. financial, 
a«4 material ro '. ources fe+ t4te pro' i i '. ion 
e4 eaft^ Vr«* ef a magnitude a*- loas . t equal 
k* th*(- t4 a licensed nursing home a4- 
mini -i trLitor. aft4 ift ' I ' . hich th e r e wa-r expo 
frtiw t€> rii^ familiarity ' ■ ' ■ ith the ■■ ubject 
areas outlined » Rul e .1)7 (1 1, tM^ 
f4+ ha* sened as tfee assistant administrator 
ef directtir bI nursing ef a facility licensed 
a* a nursing home fevf foftf yoiirs >vithin 
t4+e previous five vears. 
(b) The preceptor will evaluate and determine 
the leniith of the internship required to teach the 
core of knowlediie as outlined m Section .1)700 
of Ihe^e Rules before acceptinL; the .Ml to train 
in a facilitN approsed bv the Board. 



'5i 



5:11 .\ORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



(1) the program of internship will be presented 
to the Board of Fxaminers by the 
preceptor and AIT during the oral inter- 
view as required; and 

(2) all AIT's shall serve a minimum of 12. 
weeks internship, plus any additional 
weeks as determined by the preceptor and 
approved by the Board. 

(3) in determining the AIT program, the 
preceptor should consider the strengths 
and weaknesses of the AIT applicant as it 
relates to his education and past supervi- 
sory' experience. (An inventory' sheet will 
be provided to help the preceptor deter- 
mine the length of the AIT program.) 

(c) At the completion of the approved 
internship and successfully passing the required 
National and State F.xams, the AIT will be issued 
a conditional license upon the recommendation 
of the preceptor. 

(d) The conditional license will be valid for up 
to one year, dunng which time the AIT will serve 
a facility as administrator or assistant adminis- 



trator in a nursing facility having a minimum of 
120 nursing beds with comparable responsibil- 
ities. 

(e) The preceptor or a qualified licensed nurs- 
ing home administrator, wiU continue to serve as 
preceptor dunng the conditional license period 
and will monitor the Al Is monthly reports to 
the Board of Fxamincrs. 



m 



(f) After the conditional license period is com- 
pleted and all requirements have been satisfied: 

( 1) the preceptor or qualified administrator 
must file a tlnal report recommending and 
certifying to the Board that the AIT is a 
qualified candidate for full licensure; 
the owner(s) of the facility or facilities in 
which the AIT served his her one year 
conditional period as an administrator or 
an assistant administrator must file a re- 
port certifying that the facility or facilities 
operated by the AIT during the condi- 
tional period were operated in a profes- 
sional and efficient manner without 
signiticant violations of local, state and 
tcdcrai rules and regulations; 
records of the Division of Facility Services 
must show that during the conditional 
period the facility or facilities served by 
the Al r had no siimificant major \io- 
lations ot^ local, state and federal rules and 
regulations; 

(4) the Board will issue a full nursing home 
admimstrator's license to the AIT. 



(31 



Statutory Authority G.S. 90-27S; 90-2S5. 



SECTION .0900 - LICENSES 

.0904 BIENNIAL REGISTRATION 
REQUIREMENTS 

(a) Upon making application for a new certif- 
icate of registration a hcensee shall pay a biennial 
licensure fee of Uve- hundr e d dollars ($200.00). 
two hundred twenty-five dollars (S225.00). 

(b) Such licensee shall provide documentation 
of the completion of 30 hours of continuing ed- 
ucation approved by the Board during each 
biennial period. 

Statutory Authority G.S. 90-2S0; 90-285; 90-286. 

.0906 EXPIRATION OF LICENSE AND 
INACTIVE ADMINIS1RATORS 

(a) A license shall expire on the 30th day of 
September of the second year following its issu- 
ance. 

(b) An inactive list of administrators who are 
not practicing in this state shall be maintained 
by the Board. An administrator who desires to 
be placed on the inactive status list must make a 
written request and submit a twenty-five dollar 
($25.00) fee to the Board. Inactive status will 
only be granted on a prospective basis. 

(c) ]f licensee fails to place his license in inac- 
tive status within 30 days after expiration date, 
license automatically expires. 

(d) fe) An administrator may remain on the in- 
active list for a period not to exceed five years. 

Statutory Authority G.S. 90-280; 90-285. 



.0912 RECIPROCITY/ENDORSEMENT 

(a) The Board may issue a conditional license, 
for one year, without the national examination, 
— to a nursing home administrator who holds a 
nursing home administrator license issued by the 
proper authorities of any other state, upon pay- 
ment of a fee of twe hundred doUarf i ($200.00), 
the current licensing fee, successful completion 
of the stafe examination, and submission of evi- 
dence satisfactory to the Board: 

f4-^ iheti ouch othc ' r state maintains a oystcm 
aft4 standard '. »f qualification afni e xam 
ination fof it nursing homo administrator 
hoenso which afe substantially oqui' i ak ' nt 
te- thosL) required m tfe state; 
(-3^ that such other state gi^ e s similar rocog 
nition aH4 endorsomont t<^ nursing hom e 
administrator license's ef this stat e ; 
frH that the applicant's license is current aft4 
' ■ alid; afhi 

I 1 V t l-i '^ t w-i ,-i L- i -it L-j 1 ri~\ m n ■ h « f ri t^i^ ■|p|T-vl|| '' | | -tf l^iJi 

I I 7 1 1 ITJt TT^T I'WXxK^ rr^TTTT TT I UV 1 1 1 1 H- ni-i'iiv-vtiii 1 lUJ 

receised a license e* reciprocal endorse 
ment has revoked ef suspended such li- 
c e ns e ef r e ciprocal ondorsoment. 



5:11 NORTH CAROLIN.A REGISTER September 4, 1990 



754 



PROPOSED RULES 



(1) such applicant for licensure must have 
personal qualifications and education at 
least substantially equi\alent to those re- 
quired in this state: 

(2) such applicant must be licensed in another 
state that gi\es similar recognition and 
endorsement to nursing home administra- 
tor hcenscs of this state; 

(3) such applicant for license bv endorsement 
holds a \alid license as a nursing home 



nursing home administrator license issued to 
such person by such state. 

Statutory Authority G.S. 90-2S0; 90-285: 90-287. 

SECTION .1000 - TEMPORARY LICENSE 

.1004 RELATION TO AIT EXPERIENCE 
(REPEALED) 



administrator m the state from which he Statutory' Authority G.S. 90-2'^8; 90-285. 
IS transfemng and has never had an ad- 



ministrator s license revoked for cause; 



and can certify that he has worked fuU- 
time as a licensed nursing home adminis- 
trator lor at least one \ear within the two 
Near penod immediately preceding the 
application by endorsement, 
(b) Applicant for endorsement should submit 
a completed application, background resume 
certified college transcnpt(s). three letters of ref- 



erence and se\ent\-fi\e dollars (S75.00) applica- 
tion fee and appear before the Board tor an oral 
interN iew. 
(cj Once a conditional license has been issued. 



( 1) 



hcensee is to submit quarterh reports on a form 
to be obtained from the Board until a fuU license 
is issued. 

(d) .-Vfter the conditional license penod is 
completed and all requirements have been satis- 
fied: 

the o\vner(s) ot the facilit\ or facilities in 
u hich the reciprocity candidate has served 
his her one \ear conditional penod as an 
administrator or assistant administrator 
must lUe a report certil\ing that the facil- 
ity or facilities operated by the candidate 
dunng the conditional penod were oper- 
ated in a professional and etficient manner 
without significant major \iolations of lo^ 
cal, state and federal rules and regulations: 



(2) records of the Dnision of I'acilitv Services 
must show that dunng the conditional 
penod the facility or facilities served bv 
the candidate had no significant major \i- 
olations of local, state and I'ederal rules 
and regulations: 

(3) the Bo^ud will issue a full nursing home 
administrator s license to the reciprocity 
candidate. 

(e) {k>i 1 he Board shall ha\e the power, after 
due notice and an opponunity to be heard at a 
hearing, to revoke or suspend the nursing home 
administrator license issued to any person under 
this Rule upon evidence satisfactory' to the Board 
that the duly constituted authonties of any other 
state have lawfully re\oked or suspended the 



****************** 



1\ otice is hereby given in accordance with G.S. 
J SOB- J 2 that the .\.C. State Board of E.xaminers 
of Practicing Psychologists intends to amend 
rule(sj cited as 2/ .\CAC 54 .1605. 



ot ret^ ± he proposed effective date of this action is 

Januar\- I, 1991. 



1 he public hearing will be conducted at 9:00 
a.m. on October JS. J 990 at the Broyhill Inn & 
Conference Center, Appalachian State i' n'lversity , 
Boone. .\C 28607. 

(^ ommeni Procedures: Requests to present 
written or oral comments at the public hearing or 
other comments not presented at the hearing 
should be submitted in writing by 10 12 90 to the 
Board at the following address: \.C. State Board 
of Examiners of Practicing Psychologists. L'ni\-er- 
sitv Hall. Appalachian State L'niversitv. Boone. 
S'C 2S608. 

CHAPTER 54 - BO.VRD OF PRACTICING 
PSYCHOLOGISTS 

SECTION .1600 - GENERAL PRO\ ISIONS 

.1605 FEES 

In addition to fees specified in .-Vrticle ISA, 
Chapter 90 of the North Carolma General Stat- 
utes, the following charges will be assessed lor the 
indicated ser\ices: 

(3) thirty tivo doUaro (S3 5. 00) fifty dollars 
($50.00) - renewal of license; 

Statutory- Authority G.S. 12-3.1 (c): 90-2''0.9: 
90-2^0. // fa/ i/j: 90-2~0.II tbi (1 1: 90-2''O.I4 
(I); 90-2W.20. 

TITLE 25 - OFFICE OF ST.ATE 
PERSONNEL 



/,>J) 



5:11 AORTH CAROLINA REGISTER September 4, 1990 



PROPOSED RULES 



1\ otice is hereby given in accordance with G.S. 
I SOB- 12 that the Office of State Personnel, State 
Personnel Commission intends to amend nde(s) 
cited as 25 NCAC ID .0211, .0701, .0706, .0708 
- .0709, .1123 - .1125, .1128, .1401; 10 .0304; 
repeal rule(s) cited as 25 NCAC ID .0609 - 
.0610; adopt nde(s) cited as 25 NCAC ID .0111. 
.0611, .2301 - .2305. 

1 he proposed effective date of this action is 
January 1, 1991. 

1 he public hearing will be conducted at 9:00 
a.m. on October 4, 1990 at the Personnel Devel- 
opment Center, 101 West Peace Street. Raleigh, 
N.C. 

(^ omment Procedures: Interested persoru may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Drake Maynard, Office of 
State Personnel, 116 W. Jones Street, Raleigh, 
North Carolina 27603. 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER ID - COMPENSATION 

SECTION .0100 - ADMINISTRATION OF THE 
PAY PLAN 

.01 I 1 TECHNICAL ADJUSTMENTS TO THE 
PAY PLAN 

Technical adjustments to the pay plan are re- 
finements to the pay system approved by the 
State Personnel Commission that include, but 
are not limited to, such actions as establishing 
special pay plans, renumbering salary ranges, 
changing the length of salary ranges, and adding 
or deleting salary ranges. 

This type ot change is not directly related to 
current labor market fluctuations, and therefore 
is not defmed as a Salary Range Revision. Nei- 
ther are technical changes related to position 
classification changes, and therefore are not Re- 
allocations., 

Technical adjustments to the pay plan do not 
create entitlement or authorization to change in- 
di%idual employee salaries. 

Statutory Authority G.S. 126-4. 

SECTION .0200 - NEW APPOINTMENTS 

.0211 SALARY RATE 

(b) It IS intended that agencies make as few 
appointments above the hiring rate (or applicable 



special entry rate) as possible. Rates above this 

may be requested when: 

(2) the applicant possesses exceptional quali- 
fications above the hiring requirements of 
the class specification, and operational 
needs exist which justify filling the posi- 
tion at the salary above the minimum of 
the range. The additional experience and 
training must be in the same or closely 
related area to that stated as acceptable in 
the class specification. Generally, up to 
five percent above the minimum rate may 
be considered for each quaUfying year of 
experience and or education above the 
minimum requirements. 

Statutory Authority G.S. 126-4. 

SECTION .0600 - REALLOC.\TION 

.0609 REALLOCATION TO A HIGHER 

GRADE (REPEALED) 
.0610 REALLOCATION TO A LOWER 

GRADE (REPEALED) 

Statutory Authority G.S. 126-4. 

.0611 REALLOCATION/SALARY RATE 

(a) WTien an employee's position is assigned to 
a higher grade as a result of reallocation, subject 
to the availability of funds and satisfactory em- 
ployee performance, salary increases, not to ex- 
ceed the maximum of the range, may be given in 
accordance with the following; 

( 1 j Salaries at the hiring rate shall be increased 
to tfie new hiring rate. 

(2) Salaries at the minimum rate shall be in- 
creased to the minimum rate of the new 
range, and may be increased further in 
accordance with Paragraph (3) of this 
Rule. 

(3) Salaries within the range may remain the 
same; or Lf funds are available and where 
appropriate, individual salary increases 
may be considered, based on the employ- 
ee's related training and experience which 
exceeds the minimum qualifications for 
the position, but not to exceed five per- 
cent for each salar\' grade provided by the 
reallocation. Salary equity within the 
work unit and other management needs 
must be gi\en consideration when making 
such requests. 

(b) Howe\er, if an employee has been reduced 
to a lower salary grade through demotion, reas- 
signment, reallocation or salan,' range re\ision, 
but without a corresponding reduction in salary, 
and the employee's position is later assigned to a 
higlier grade as a result of reallocation, the num- 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



756 



PROPOSED RULES 



ber of grades in the original reduction shall be 
considered to have been compensated and shall 
not be considered in Paragraph (a) of this Rule 
salapv' setting procedure. (Example: If an em- 
ployee is demoted with no change in salan' and 
reallocated back to the same level, the salar,' shall 
remain unchanged and treated as if the demotion 
had not occurred; or if reallocated back to a level 
higher than before the demotion, the difference 
in the grade before the demotion and the new 
higher grade will be the basis for determining the 
reallocation increase.) 

(c) If the reduction in grade occurred as much 
as 24 months previously, the agency may give 
consideration to granting a salar,' increase within 
the provisions of this policy. Factors to be con- 
sidered are the nature of the change in duties and 
responsibilities and the need to maintain equity 
of salaries within the work unit. 

(d) Onh' with the prior approval of the State 
Personnel Director and in extreme circumstances 
relating to critical positions and well-documented 
labor market conditions will salar>" increases be 
considered which equate to more than five per- 
cent for each grade provided by the reallocation. 
Personnel forms must include the justification. 

(e) If the employee is to receive a performance 
salary increase on the same day as the reallo- 
cation, the performance increase shall be gi\en 
before a reallocation increase is considered. 

(f) When an employee's position is assigned to 
a lower grade, one of the following options will 
be implemented; 

( 1 ) When reduction in level of the position 
results from management's removal of 
duties and responsibilities from the em- 
ployee because of change in demonstrated 
moti\'ation, capability, acceptance of re- 
sponsibility, or lack of performance, the 
etTect is the same as a demotion and the 
salapv" must be reduced at least to the 
maximum as required by the policy on 
demotion. 

(2) WTien reduction in level of the position 
results from position redesign because of 
management decisions on program 
changes, reorganization, or other manage- 
ment needs not associated with the em- 
ployee's demonstrated moti\ation. 
capability, acceptance of responsibility or 
lack of performance, the salary of the em- 
ployee may remain above the new maxi- 
mum as long as the employee remains in 
the same classification or is promoted to 
a higher level position. No further in- 
creases, other than legislative increases, 
may be granted as long as the salar>" re- 
mains abo\e the ma.ximum. 



(3) When reduction in level of the position 
results from a change in the labor market 
or some other reason not related to 
change in the duties and responsibilities 
of the position, though the position must 
be reallocated to the approved classifica- 
tion and grade, management may elect to 
maintain the employee's current classi- 
fication and grade by working the em- 
plo\ee against the lower level position, so 
long as the employee continues to occupy 
the same position or is in the same classi- 
fication. 

(4) Once the position is vacated, it shall be 
fiUed at the lower level. 

(g) It is a management responsibilit\- to a\oid 
creation of salary inequities among employees. 
Each case must be evaluated to determine which 
of the salan,' administration altemati\'es is most 
appropriate, based on the circumstances as doc- 
umented to the Office of State Personnel, on ap- 
propriate forms, by the employing agency. 

(h) When an employee's position is assigned 
to the same grade level, the employee's salary 
shall remain unchanged. 

Statutory- Authority G.S. J 26-4. 

SECTION .0700 - S.\LARV R.ANGE RE\ ISION 

.0701 DEKIMIION 

Salary range revision is any change iii a salary- 
range approved by the State Personnel Commis- 
sion and resulting from changes in the labor 
market. 

The priman. purpose of a range re\'ision is t£ 
pro\idc current and compctitnc salar,' rates for 
the use of managers with recruitment responsi- 
bilities. Re\isions resulting from upward 
changes in the labor market ser\e another pur- 
pose in helping reduce the \'ulncrabilit\' oi_ cm- 
plo\ees to external job oilers when their salaries 
are below the market average as rellected hv the 
mid-point of the salan, range. 

Statutory- Authority G.S. /20-4. 

.0706 .ASSIGNMENT TO A HIGHER GRADE 

(a) \\'hen ttft- employeL * i . po; i ition a classifica- 
tion is assigned to a higher grade as a result of 
f . alan .' range ro' i ir . ion. changes in the labor mar- 
ket, subject to the asailability of funds and satis- 
factors' employee performance, salan,' increases, 
not to exceed the maximum of the range, may 
be given in accordance with the following: 

( 1 ) Sakiries at the minimum rate ;' , hall may be 
increased to the new hiring rate. 



757 



5:11 .\ORTH CAROLiy.4 REGISTER September 4, 1990 



PROPOSED RULES 



(2) Salaries at the minimum rate shall may be 
increased to the minimum rate of the new 
range, and may be increased further in 
accordance with Subparagraph (3) of this 
Rule. 

(3) Salaries within the range may remain Ae 
samo; ef do not have to be increased, but 
if funds are available and where appropri- 
ate, individual salary increases may be 
considered, the total not to exceed a five 
percent increase for each salar>' grade 
provided by the salary range revision. 
Salary equity within the work unit must 
he maintained and other management 
needs must be given consideration when 
making such requests. However, if an 
employee has been reduced to a lower 
salary grade through demotion, reassign- 
ment, reallocation or salar>' range revision, 
but without a corresponding reduction in 
salary, and the employee's position is later 
assigned to a higher grade as a result of 
salary range revision, the number of 
grades in the original reduction shall be 
considered to have been compensated and 
shall not be considered in the salary set- 
ting procedure in Subparagraph (3) of this 
Rule. If the reduction in grade occurred 
as much as 24 months previously, the 
agency may give consideration to granting 
a salary increase within the provisions of 
this policy. The need to maintain equity 
of salaries within the work unit must be a 
major consideration. 

(4) If the employee is to receive a performance 
salary increase on the same day as the 
salary range revision, the increase shall be 
given before a range revision increase is 
considered. 

(5) WTien a range revision occurs but the entry 
rate remains the same because of a previ- 
ously existing special entr\' rate, no addi- 
tional salary increases are allowed if the 
employee received the increase authorized 
by the special entry rate. 

(b) \Vhen a classification is assigned to a lower 
grade , the employee's grade may be allowed to 
remain at the current le\el so long as the em- 
ployee continues to occupy the same position or 
is in the same classification: however, the grade . 
of the position must be reduced and the em- 
ploNce will function in a 'Work against" mode. 
Once the position is vacated, it_ must be filled at 
the lower grade le\el. 

Statutofj Authority G.S. J 26-4. 

.0708 SPh:CI.\L ENTRY R.\TES 



When critical recruitment or employee retention 
problems are officially recognized bv the State 
Personnel Director, but salary range revisions are 
not necessary, feasible or practical (i.e., when 
range minimums axe not competitive, but maxi- 
mums are adequate), the Director may authorize 
a higher special entry rate. Special entry rates 
wiU be announced as a percent dollar amount 
above the hiring rate and as a rate of pay. 
Agencies experiencing recruitment and retention 
difficulties may elect to use the special entry rates. 
Prionty for salary increases shall be given to em- 
ployees whose salaries are at or below special 
entry rates. Salary increases shall not be given 
to employees whose performance is not at a sat- 
isfactory level. Salary increases are not 
entitlements and all are subject to the availability 
of funds in the agency budget. When the agency 
decides to use the new rates, salary increases, not 
to exceed the maximum of the range, may be 
given in accordance yvith the following: 

(1) Salaries bolow ik» f . pocial entry «te at the 
hiring rate may be increased to the special 
entry rate and salaries at the minimum may 
be increased to the special minimum rate on 
the date the agency decides to use the new 
rate. If funds are not available, but become 
available at a later time, increases may be 
retroactive. 

(2) Salaries at or above the special entr\^ mini- 
mum rate may be increased by the percent 
dollar amount authorized above the hiring 
rate. If funds are not available, but become 
available at a later time, increases may be 
made on a current basis. Total increases are 
limited to three occurrences and must be 
awarded within 24 months of the original 
etYective date of the action. If a subsequent 
reallocation up or down, promotion, de- 
motion or reassignment occurs, this cancels 
the authorization to grant additional in- 
creases as a result of the previous special 
entry rate authorization. 

(3) If a higher special entry' rate is authorized 
for a class that already has a special entry 
rate, the employee may receive an increase 
up to the percent dollar amount authorized 
between the two special entry' rates. 

(4) WTien a special entry' rate authorization 
does not include all classes within a class 
series, consideration for adjustments for 
employees in the class(es) without a special 
entry rate wiU be on an indi\'idual basis. 
Written justification must be submitted with 
such requests. 

Staiutoty Authority G.S. 126-4. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



758 



PROPOSED RiLES 



.0709 GF.OGRAI'HIC DIFFFKKNTI AL 

(b) Geographic differentials will be announced 
as a salary" grade above the established salar>' 
range, grade. Agencies experiencing recruitment 
and retention diiticulties may elect to use the ge- 
ographic differential. When geographic differen- 
tials are in effect, salary increases may be granted 
in accordance with the salary- range revision pol- 
icies and all salary" administration policies are 
applied as if the classification were at the higher 
grade. 

Slatutory Authority G.S. 126-4. 

SECTION .1 100 - PFRFORMANCE SALARY 
INCREASES 

.1123 El ICIBEE EMPLOYEES 

(a) Employees ha\ing permanent full-time or 
part-time (half-time or more) appointments 
whose salaries etf^ bolow do not exceed the max- 
imum of the range and whose peribrmance ex- 
ceeds requirements are eligible for performance 
increases. 

(b) Employees ha\"ing probationary or trainee 
appointments are not eligible for performance 
increases. These employees become eligible for 
performance increases after they have: 

(1) achieved permanent status; 

(2) have completed a work cycle: and 

(3) have a performance appraisal with a rating 
that exceeds requirements. 

(c) Employees who are on leave without pay 
on the date performance increases are granted 
may recei\e the performance increase on the date 
of reinstatement if the work cycle has been com- 
pleted and a performance appraisal completed. 
If the work c\'cle and or appraisal is completed 
after an employee returns Irom lea\e without 
pav, the pertomiancc increase cannot become 
effectne until the quarterh pa\ment date follow- 
ing the completion ot the perlormance appraisal. 

(d) Employees whose salanes arc at et above 
the maximum of their salary range are not eligible 
for peribrmance increases or performance bo- 
nuses. 

(e) Employees who separate from state service 
prior to the effecti\e date increases are awarded 
in an agency arc not eligible for performance in- 
creases. 

Statiiloij Authority G.S. 126-7. 

.1 124 B.VSIS FOR .UVARDING INCREASES 

(a) Each department, agency, or institution 
must ha\e an operative peribrmance manage- 
ment system uhich has been appro\ed by the 
Office of State Personnel and which includes a 
summary peribnnance appraisal using the North 



Carolina Performance Rating Scale. The com- 
plete requirements for an operative performance 
management and appraisal svstem are defined in 
Subchapter 10, Sections .0100, .0200 and .0300. 

(b) Each employee shall be informed of the 
agency's rating scale and the percent ranges set 
by the Office of State Personnel for awarding 
performance increases. Supervisors shall inform 
each employee of the amount of the performance 
increase he will receive. Any employee with a 
performance rating that exceeds requirements but 
who does not receive a performance mcrease e* 
who rocoi' i 'os aft- incroar . o !<?« than Ae mid rango 
Viiluo ar . L . ignL'd t» Ae lo' i ol »f oxcoodo »hich i?©f- 
re -. pQnd - ' . to k*^ o' l 'ijrull rating shall be informed 
in writing of the reasons. ;\nv cmplo\ec who 
receives an increase other than the mid-range 
\alue asNJgried to the le\el of exceeds which cor- 
responds to their o\erall rating shall be pro\ided 
wntten lustitication if it is requested bv the em- 
plo\ee. Ihe super\"isor must inform the em- 
ployee in writing of the a\ailability of the 
agency's procedure in which the employee can 

-seek resolution of any dispute with the overall 
summary rating, the failure to receive an increase 
and or the amount of the increase. (See also 25 
NCAC IJ .0901 - .0903.) 

(c) Agencv heads mav establish agcnc\-wide 
limits on the total number of employees who 
ma\ recene increases. Howe\er. any o\'erall 
limits ma\ not extend to indi\idual work units 



so as to preclude consideration ot^ an employee 
uhose peribnnance exceeds expectations. 

Statutory Authority G.S. 126-7. 

.1 125 AMOl NT OF INCREASE' 

(b) An employee shall receive a performance 
appraisal review at least once during e\"ery" 12 
month work period. Performance increases shall 
be distributed fairly within work units and across 
agencies and shall be rewarded only for perform- 
ance that exceeds peribnnance requirements. 
Aboont t+h* liupeni ' jor ■ : . V i ritti^n justification. An 
employee whose performance exceeds expecta- 
tions shall recei\e a percent increase equal to the 
midpoint ef th^ percL ' nt rang e t4 exceeding pet^ 
fonnaiu'i* until t-b# employoo'c . f i alan t* at- tl+e 
ma.\imum ef t4w range, mid-range \alue ot the 
rating lc\el, unless the super\isor cai"i iustif\ the 
decision not to award a periormance increase or 
can justify an increase abo\e or below the mid- 
range \alue of the applicable range. .An em- 
ployee whose peribnnance does not exceed 
peribnnance requirements shall not recei\'e a 
peribnnance increase. .-V supervisor's perform- 
ance rating of indi\idual employees and recom- 
mended performance increase amounts, with 



759 



5:11 AORTH CAROLL\A REGISTER September 4, 1990 



PROPOSED RULES 



justification, shall be reviewed and approved by 
that super\'isor's next higher level supervisor. 

(e) Employees whose salaries are below the 
maximum of the salarv' ranee mav receive per- 



formance increases within the limits described in 
this Rule, but not Jo exceed the maximum of the 
salaPi' range. These employees who have salaries 
that are near the maximum may receive only that 
portion of the increase that takes them to the 
maximum. (They are not eligible to receive a 
peribrmance bonus until the following year.) 
Such awards become a part of base pay of the 
employee. 

(f) Frnplovecs whose salaries are at the maxi- 
mum may receive performance increases in the 
form of a performance bonus within the limits 
described in this Rule. This performance bonus 
shall be a one-time, lump-sum award. Such 
awards do not increase the base pay of the em- 
ployee and do not continue the following year. 

Statutory Authority G.S. 126-7. 

.1 128 S.\l. ARY INCRE.\SE FLNDS BECOME 
PART OK BASE SALARY 

When r . alaP i ' peribrmance increase funds are 
granted to an eligible employee whose salary is 
below the maximum of the range, such funds 
immediately become a part of the employee's 
base salan,'. WTien performance increase funds 
are granted to an eligible employee whose salary 
is at the maximum, it is a one-time pa\ment. 
Therefore, when an increase is granted, it loses its 
identity. No performance increase reserve can 
be established by turnover once the increase has 
been granted. 

Statutory Authority G.S. 126-7. 

SECTION .1400 - SHIFT PREMIUM PAY 

.1401 POLICY 

h is a policy of the state to provide additional 
compensation for non-medically related employ- 
ees through salary grade 69, for all emplo\ees in 
the position of Ferry Captain 111 in the salary 
grade 70, and for medically related employees 
through salary grade 75 who are regularly sched- 
uled to work on either an evening or night shift: 
(1) A permanent, probationary or trainee em- 
ployee who is eligible for shift premium pay 
shall receive premium pay for all hours in a 
sliift worked in which more than half of the 
scheduled working hours occur between 4;0() 
p.m. and 8:00 a.m. on a regular recurring 
basis. 

(Exception: Employees in medicaUy-related 
occupations who ha\e a regularly recurring 



work schedule in excess of 8 hours each day 
shall be paid shift premium pay for the 
hours actually worked between 4:00 p.m. 
and 8:00 a.m., but only when determined 
necessary for classes to be competitive with 
relevant labor markets.) 
Interpretation: "Regularly recurring" shall 
be interpreted to mean a position that re- 
quires a daily schedule that is repeated at 
specified intervals for an indefinite period of 
time. In addition, an employee required to 
substitute in a position because of vacancy 
or the incumbent's absence that is eligible 
for shift premium shall receive such payment 
for time worked in that position. Shift pre- , 
mium pay shall not he paid to employees 
temporarily placed on a shift or to employ- 
ees temporarily employed to work on a shift 
that normally receives such pay. 



Statutory Authority G.S. 126-4; Session Lovw 
1987, Chapter 738, Section 9; Session Laws 1988, 
Chapter 1086, Section 100. 

SECTION .2300 - ACCELERATED PAY PLAN 

.2301 POLICY 

It is the policy of the State to maintain an Ac- 
celerated Pay Plan for employees at the lowest 
pay rates in order to provide consideration of the 
labor market and economic indicators to assure 
ad\ancement and retention of a fuUy competent 
work force. The State Personnel Commission 
shall identify which pay rates are to be subject to 
the Accelerated Pay Plan and amend the Plan as 
necessar)', based on the labor market and eco- 
nomic indicators. Upward movement within the 
Accelerated Pay Plan shall require that the job 
performance of an employee meets or exceeds 
performance expectations as indicated on the 
Accelerated Pay Plan Schedule. Employees par- 
ticipating in the Plan may not receive an addi- 
tional performance pay increase. 

Implementation of this Plan is subject to the 
availability of funds in an appropriate salar>' re- 
serve fund. 

Statutory Authority G.S. 1990 Legislathe Session, 
Session Laws, Chapter 1066. Section 37 .^ 

.2302 ELIGIBILITY FOR THE PL.\N 

(a) Employees assigned to a classification in 
pay grades 50, 51, 52, or 53 whose salaries fall at 
a rate within the Accelerated Pay Plan are eligi- 
ble. 

(b) The employing agency must have a Per- 
formance Management System for these em- 
ployees. To the extent practical, this system 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



760 



PROPOSED RILES 



must contain all the elements of the agency's 
general Performance Management System. 

Statutof-y Authority G.S. Session Laws. Chapter 
1066, Section 37. 

.2303 ELIGIBILITY FOR ACCELERATED 
P\\ INCREASES 

(a) Employees having probationary or perma- 
nent fuU-time or part-tmie (half-time or more) 
appointments whose performance meets or ex- 
ceeds requirements are eligible for accelerated pay 
increases. (The Accelerated Pay Plan Schedule 
indicates whether the performance must meet or 
exceed requirements.) 

(b) To move through the plan, employees must 
complete the prescnbed months of service and 
attain the corresponding performance rating set 
for each rate of pay. 

(c) If an employee completes the required 
months of ser.'ice but does not have the required 
performance rating, the employee's salary cannot 
be increased. Once the employee has completed 
the required length of service again (three or six 
months, whichever is applicable), the employee 
may be evaluated again and granted the increase 
if the required rating is received. 

Statutory .Authority G.S. 1990 Legislative Session, 
Session Laws, Chapter 1066, Section 37. 

.2304 ADMINISTRATION 

(a) New hires normally shall be employed at 
the hiring rate of the applicable grade or at the 
Special Entn,' Rate if there is one. New em- 
ployees with more experience than the required 
minimum may start at a higher rate in the Plan. 

(b) Supervisors must review each employee's 
performance at each period designated by the 
Plan to determine if the employee meets or ex- 
ceeds expectations. The Supervisor must record 
the rating on the agency's Accelerated Pay Plan 
Performance Review Form. The employee and 
the supervisors must sign and date the form. 

(c) Following the prescribed timeframes of the 
Plan, employees may progress to the highest pay 
rate for the appropriate grade in the Plan. 

(d) Once the highest rate provided by the .Ac- 
celerated Pay Plan in their grade is reached, the 
employee moves into the state-wide Performance 
Management Svslem for consideration of addi- 



tional salary increases. The employee must be 
in the Performance Management System at least 
six months before receiving an additional in- 
crease. 

(e) If an employee is demoted or reallocated 
down to a grade and salary rate within the Ac- 
celerated Pay Plan, the employee becomes eligi- 
ble to participate in accelerated pay increases on 
the same basis as other employees in the Plan. 

(f) If an employee is promoted or reallocated 
up to a grade above those included m the Accel- 
erated Pay Plan, the employee becomes eligible 
to participate in the Performance Management 
System. The employee must have a total of at 
least six months after receiving an accelerated pay 
increase before recei\"ing an additional increase. 

Statutory .Authority G.S. 1990 Legislative Session, 
Session Laws, Chapter 1066, Section 37. 

.2305 DOCLMENT.VTION 

(a) Forms PD-105 must be submitted for em- 
ployees receiving accelerated pay increases. The 
type of action will be "Accelerated Pay 
Increase" or ".Vcc Pay Inc.'' 

fb) The agency head's (or designee's) signature 
on the PD-105 wiU serve as certification that the 
employee is eligible and has met performance 
expectations. 

(c) Increases may be effective the first of the 
pay period following completion of the minimum 
time required for the increase. 

Statutory .Authority G.S. 1990 Legislative Session, 
Session Laws. Chapter 1066, Section i^. 

SLBCHAPTER lO - PERFORMANCE 
MANAGEMENT SYSTEM 

SECTION .0300 - PERFORM \NCE 
MANAGEMENT SYSTEM: GLIDELINES 

.0304 COMPONENTS OF AN OPERATIN E 
SYSTEM 

fhi Each agcncv and university shall establish 
and continue in operation a pcrfonnance man- 
agement and pav ad\isor\' committee as required 
bv G.S. 126-7(c)ra). 

Statutory Authority G.S. 126-": 126-7{cjf7a). 



761 



5:11 .\ORTH CAROLL\A REGISTER September 4, 1990 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

l\ules filed for publication in the SCAC may not be identical to the proposed text published pre- 
viously in the Register. Please contact this office if you have any questions. 

/x dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. I50B, Article 2 requiring 
publication in the N.C. Register of proposed rules. 



U, 



pan request from the adopting agency, the text of rules will be published in this section. 



1 unctuation. typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



TITLE 5 - DEPARTMENT OE CORRECTION 

CHAPTER 2 - DIMSION OE PRISONS 

SI BCHAPTER 2D - PI BLIC CO.MMLAICATIONS 

SECTION .0500 - PUBLIC RELATIONS 

.0502 ACCESS PROCEDURE 

(a) To Information. 

(1) The administrative head of each program of the state prison system is responsible for developing 
devices and producing materials to help inform the people of North Carolina about each com- 
mand and each program. Administrators shall respond to requests for information about prison 
conditions and operations so far as possible with available resources and without violating law 
or policy. 

(2) Matters of public record shall be made available for examination upon request. Copies may be 
provided at the expense of the requestor. An inmate's or ex-inmate's name, age, race, sex, of- 
fense for which convicted, court where sentenced, length of sentence, date of sentencing, date 
of arrival at or transfer from a prison, program placement and progress, conduct grade, custody 
classification, disciplinary offenses and dispositions, escapes and recaptures, dates regarding re- 
lease, and the presence or absence of detainers shall be considered matters of pubhc record. 
Other contents of inmate tiles shall not be disclosed to unofficial agencies or persons without the 
specific authorization of the Director of Prisons, who will secure the advice of the Attorney 
General when the legality of release or withholding is at issue. 

(3) Unusual incidents occurring at any prison unit shall be reported to local news media by the ad- 
ministrative head of the unit or by a member of his staff in accordance with his instructions. 
The report to news media should be made after the Director of Prisons or his representative has 
been notified unless meeting this requirement would prevent reasonably prompt disclosure of 
newsworthy developments. The Director or his representative will report the incident to the 
wire services. Unusual incidents would include: death of personnel or inmates; serious injuries 
to personnel or inmates from any cause; serious destruction of property from any cause; serious 
disruptions of prison routine from unauthorized actions of personnel or inmates; any use of 
firearms in the handlmg of prison matters; escapes that would pose a substantial threat to the 
free community. 

(b) To Personnel. All members of the state correction service should recognize that it is their duty 
and privilege to inform the people of North Carolina about their prison system. In discharging this 
duty and exercising this privilege, honesty and accuracy are essential. While members of the state 
correction service should not be reluctant to state their views about prison conditions and events, they 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



762 



FINAL RULES 



should stay within the limits of their knowledge and authority when purporting to speak for that ser- 
vice. Members are encouraged to accept speaking engagements and public appearances that wiU help 
to inform the people of North Carolina about the state prison system. Compensation for participation 
in public information programs related to the state prison system shall not be accepted by members 
of the state correction sersice. but they may accept donations to the inmate welfare fund. 

(cj To Prisons. \'isits to our prisons by interested individuals, groups, and media representatives 
should be permitted and encouraged to the maximum extent possible without jeopardizmg security, 
disrupting routine, and unduly burdening personnel. .-Vrrangements should be made in ad%"ance, but 
the officer in charge may allow visits without prior arrangements if there are sufficient personnel present 
and conditions are other\sise appropriate for the requested visit. .AH visitors are to be treated 
courteously, but they shall be required to agree to abide by unit rules and staff instructions as a con- 
dition for entp,'. Visits are to be conducted in such manner as to assure protection and control of the 
visitor. Each visitor shall be properly identified and registered before admission. A person seeking 
admittance as a media representative must be able to show identffication as a representati%e of one or 
more of the following: a national or international news service: a newspaper, magazine, or periodical 
with a general circulation to actual paid subscribers and with second class mailing priNileges; a radio 
or telesision network or station licensed by the Federal Communications Commission. 

(d) To Prisoners. 

(1) \'isitors may be permitted to talk to inmates of the state prison system who are willing to talk 
to them. The time, place, and manner of such conversations shall be subject to restrictions 
appropriate to the parties and circumstances. No greater restrictions shall be imposed than are 
required by applicable security and correctional considerations. 

(2) Media representatives may be permitted to inteniew inmates of the state prison system who 
consent in writing to be inter-viewed for a stated purpose and without compensation. WTien an 
inmate is known to be represented by a particular attorney in pending litigation, that attorney 
should be notified of a media representati%e's request for an interview with his client and af- 
forded an opportunity to react to this request before it is granted. If the attorney objects to the 
interview, the Attome\' General shall be consulted and the interview shall not be granted against 
his ad\ice. 

(3) Photographers on prison property shall not photograph inmates within the conlines of the state 
prison property in a manner which wiU permit identffication, except for official departmental 
purposes, unless the inmate to be photographed signs a consent form before such photographs 
are taken. Photographers ha\e the right to photograph inmates working in the pubhc domain; 
however, correctional staff can request the photographers to remain a safe distance from inmate 
workers. This request is to be made in furtherance of sound security practices, to preclude dis- 
ruption of the work project, and to ensure public safety in the work area. Correctional staff 
may remo\e inmates from the work area if media presence is disrupti\-e to the inmates in work 
area. 

(e) During Disturbances. Admittance of media representatives to a prison may be denied or limited 
during a disturbance, but such restrictions shall be lifted as soon as this may be done without jeop- 
ardizmg security or the safety of any person. The news media shall be kept advised of developments 
by frequent news brietings in news centers designated by the senior member of the state correction 
serv ice present at the place where the disturbance occurs. From the group of media representati\es 
assembled at this center, a pool (consisting of one still photographer, one motion picture photographer, 
and one writer carrying sound equipment for the radio representati\e) chosen by those media repre- 
sentati\"es present, may be allowed to go as close to the scene of the disturbance as they can be taken 
without unduly aggravating the problems of pro\iding special protection for them. As soon as is 
practicable in light of security and correctional consideration, the remaining media representatives will 
be allowed access to the prison in small groups. \Mien operations ha\e returned to normal, the 
standard policies regarding access will apply. 



Histon Sole: Siatuton Authority G.S. I4S-1 1 : 
Eff. Febrnan I. 19^6: 
Amended Eff. September I . J 990. 



SUBCHAPTER 2E - CUSTODY AND SECURITY 
SECTION .0600 - CUSTODIAL CLASSIFICATIONS 



^63 5: 1 1 yOR TH C.i ROLLS A REGIS TER September 4, 1 990 



FINAL RULES 



.0605 COMMLAITY RESOURCE COLACILS 

(a) General. Community Resource Councils are developed to provide orderly assistance in stimu- 
lating community involvement and to promote volunteerism in prison facilities throughout the state. 
Council activities shall be govemed by Department of Correction policies and procedures. 

(b) Location. Each Division of Prisons facility will organize and maintain a community Resource 
Council. CouncUs wiU be established based on the nature and function of each facility. Upon written 
justification, a facility may request a temporary exemption from the Director of Prisons. 

(c) Appointment. 

(1) The superintendent of each prison facility and the respective area administrator, if appropriate, 
will recommend persons to serve as council members. Each superintendent and area adminis- 
trator will confer with local community leaders during the selection process. The list of nomi- 
nees win be submitted directly to the Department of Correction for consideration by the 
Secretary. 

(2) The Secretary shall appoint council members to two-year terms. Council appointments will be 
made annually, with appointments effective January 1 of each year. When unscheduled vacan- 
cies occur, new appointees wiU serve the unexpired term of the council member being replaced, 
and may be eligible for reappointment to a fuU term. 

(3) During the initial organization of each council, members vvUl be appointed to serve staggered 
terms. Each year members wiU be reappointed; however, no council shall make By-laws or 
other policies which call for the election of more than one half its members during any one year. 

(4) The Secretary' may remove any member of the council for misfeasance, malfeasance, or 
nonfeasance. 

(d) Statement of Purpose. 

(1) Councils shall be govemed in general principle by an established statement of purpose appro\ed 
by the Secretary of Correction. Copies of this purpose statement will be maintamcd in the Of- 
fice of the Secretary. 

(2) Unit superintendents and council chairpersons shall clarify the specific mission and purpose of 
each Community Resource Council. Other goals and short-term planning strategies should be 
developed to provide positi\e leadership and recognition of members for the achie\ement of 
correctional goals established by the local facility, the administration, and the Community Re- 
source Council. 

(e) By-Laws. Each council shall adopt standard by-laws. Issues not addressed by the standard by- 
laws are reserved to the discretion of mduidual councils but must comply with state law and w ith de- 
partmental policies and procedures. 

(f) Community Resource Council Acti\ities. 

(1) \'olunteers. The council should be involved in recruitment of volunteers to assist in providing 
volunteer services or fund-raising activities at the facility. 

(2) Fund-Raising. Special, local council fund-raising guidelines must be designed to assure that gifts 
and donations are appropriately receipted. If a major |an\lhmg greater than one thousand dol- 
lars ($1,000)1 fund-raising project is contemplated, such as for the construction of a chapel, a 
separate fund-raising body must be established and incorporated as a nonprofit organization. 
All proposed major fund-raising projects must be approved by the secretap," prior to com- 
mencement of the project. 

(3) Program Acti\ity. Acceptable program acti\ities for council \olunteers may include assistmg 
inmate families in understanding prison policies and procedures, providing workshops for staff 
on relevant issues, or generating in-kind contributions of equipment and supplies. Provided, 
any in-kind contribution in an amount greater than one thousand dollars ($1,000) shall be sub- 
ject to the approval of the secretary. 

(g) Training. 

(1) A training program approved by the Office of \'olunteer Services will be conducted by each umt 
supermtendent or a designee for each council member. 

(2) Training should be offered to councils on a continuing basis to assure efiiciency ot operations 
and the achievement of Department of Correction goals. 

(hi Reporting. The chairperson of each council shall submit a cop\' of the minutes ot each council 
meeting to the Volunteer Services Program Consultant and to the secretary on a regular basis, fhese 
reports should reflect council acti\ities, achie\ements and any problems. A periodic summary report 
shall be compiled from all minutes submitted to the Office of the \'olunteer Ser\ices Program Con- 
sultant and distnbuted to council chairpersons, area administrators, institution heads and umt super- 
intendents. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 764 



FINAL RULES 



(i) Evaluation. Each council shall complete an annual evaluation to determine its progress and ef- 
fectiveness in meeting community needs, staff needs, inmate needs, and in the accomplishment of other 
specific objectives set forth by policy or those goals established by the council members. 

(j) Recognition Program. Recognition activities should be held annually to recognize community 
volunteers and other persons instrumental in the attainment of goals and objectives and other special 
achievements which merit recogmtion. 

History Sole: Statutory Authority G.S. 148-4; 148-11; I43B-10; 
Eff. July 1, 1987; 
Amended Eff. September 1, I9Q0; December I, 1989. 

TITLE 19A - DEPARTMENT OF TRANSPORT.\TION 

CHAPTER 2 - DIMSION OF HIGHWAYS 

SUBCHAPTER 2D - HIGFTVVAV OPERATIONS 

SECTION .0600 - TECIESICAL SERMCES 

.0605 PERMITS 

Permits are issued on authorizxd forms and designated for certain moves as described in Subpara- 
graphs ( 1), (2), (3) of this Rule. Permits may be declared invalid by Law Enforcement personnel if the 
vehicle vehicle combination is: operating off the permitted route; operating beyond the time specified 
on the permit; not properly licensed; operating with fewer axles than specified on the permit or any 
other violation of requirements or special conditions of the permit. Permits may also be denied or re- 
voked as stated m Rule .0633. 

(1) Special Permit for Oversize 0\er\vcight Movement on the State Highway System. This permit 
gives a description of the vehicle or load being moved, date Umitations and- route to be used. This 
permit must be signed by the permittee to be vahd. /Vn attachment with special conditions wiH 
be attached to and become a part of this permit for overweight or overdimension mos'cments. 

(2) Special Permit for Movement of Oversize Mobile Homes in North Carolina. This permit must 
be signed by the permittee to be vaUd. An attachment with special conditions for mobile home 
movements wUl be attached to and become a part of this permit. 

(3) Special Permit for Building Move. This permit gives dimension Umitations, origin-destination, 
route to be followed, time and date limitations and registration information for the towing unit. 
A certification statement on the permit must be signed by the permittee for this permit to be vahd. 

Histor\' Sote: Statutory' Aulhoritv G.S. 20-119; 136-18(5); 
Eff July I, 1978; 
Amended Eff September I. 1990; April 11, 1980. 

.0607 WIDTH LIMITED 

(a) Width is limited to 14 for all movements except certain construction rnachiner)', buildings, 
manufacturing machinen,' for short moves to or from projects or from nearest railhead to destination. 
If blades of bulldozers, graders or front end loader buckets cannot be angled to extend no more than 
12' across the roadway, they must be removed. A blade or bucket or other attachment which has been 
rcmoNcd for safety reasons, or if in the best interests to the Department has been removed, may be 
moved with the equipment without being considered a divisible load. Moves exceeding 12' for a 
commodity essential to national health, safety or defense may be permitted upon receipt of proof of 
necessity submitted by the agency directly concerned, however, if considered to be detrimental or unsafe 
to the other tra\eling public or if the highway cannot accommodate the mo\'e due to width or weight, 
such mo\e will be denied. I oads must be so placed on veliicle so as to present least dimension to 
meeting or passing traffic. 

(b) Permits for mobile homes and modular homes will not be issued o\-er 14-0". Moves in excess 
of 10' width are restricted on routes Ustcd below. When the fmal destination is on a restricted route, 
consideration may be given to allow entrance on the restricted route at nearest practical point to final 
destination. The restricted routes are the following: 



765 5:11 i\ORTH CAROLh\A REGISTER September 4, 1990 







FINAL RULES 




Highway 


Restricted 




County(s) 


No. 


From 


To 


Involved 


19 


Upper Crossing of 


Maggie 


Jackson, 




Solo Creek 




Haywood 


19A 


Jet. 441 


Ela 


Jackson, 
Swain 


19E 


Ingalls 


Cranberry 


Avery 


19W 


Jet. 19 


Term. Line 


Yancey 


23 


U.S. 19 


Term. Line 


Madison 


25-70 


Jet. 19-23 


Term. Line 


Buncombe, 
Madison 


28 


Fontana Village 


Term. Line 


Graham, 
Swain 


28 


Lauada 


Wests Mill 


Macon, 
Swain 


28 


Gneiss 


Ga. Line 


Macon 


63 


Canto 


N.C. 209 


Buncombe, 
Madison 


64 


Highlands 


Rosman 


Macon, 

Jackson, 

Transylvania 


74 


Lake Lure 


Asheville 


Rutherford 
Buncombe 


80 


Jet. 19E 


Jet. 226 


MitcheU, 
Yancey 


80 


U.S. 70 


Blue Ridge Pkwy. 


McDowell 


88 


Warrensville 


Term. Line 


Ashe, 
Watauga 


90 


Valmead 


Globe 


Caldwell 


106 


Ga. Line 


Highlands 


Macon 


129 


Robbins\ille 


Term. Line 


Graham 


151 


Jet. BR. Parkway 


Jet. 19-23 


Buncombe, 
Henderson 


176 


Tryon 


Saluda 


Polk 


178 


S.C. Line 


Rosman 


Transylvania 


194 


Jet. 19E 


Vilas 


Avery, 
Watauga 


194 


Jet. 421 


Baldwin 


Ashe, 
Watauga 


194 


Warrensville 


Va. Line 


Ashe 


197 


Jet. 19E 


Jet. 226 


Yancey 
MitcheU 


197 


End of Pavement 


U.S. 19E Bumsville 


Buncombe, 




(Bamardsville) 




Yancey 


208 


Jet. 25-70 


Term. Line 


Madison 


209 


Lake Junaluska 


Jet. 25-70 


HaN-wood, 
Madison 


212 


Jet. 208 


Term. Line 


Madison 


221 


Linville 


Blowing Rock 


Avery, 
Watauga 


221 

1 


Jet. 88 


Twin Oaks 


Ashe, 
AUeghany 


226 


Bakersville 


Term. Line 


.MitcheU 


226A 


N.C. 226 


N.C. 226 


McDo\\eU 


261 


Bakersville 


Term. Line 


.MitcheU 


268 


Elkin 


Jet. 601 


Surry 


276 


Jet. 280 and 64 


Cruso 


Haywood, 
Transylvania 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



766 



FINAL RULES 



441 Cherokee Term. Line Swain 

(c) Extended period permits for times up to 12 months may be granted for 12' width mobile homes 
by the central permit office on a statewide basis on NC and L'S routes. Extended period permits for 
widths in excess of 10' are granted only for specified county road routes. 

(d) .'Vnnual permits may be granted to manufacturers, retailers licensed by Division of Motor Vehi- 
cles, and to contract carriers licensed by the Public L'tihties Commission for the movement of mobile 
and modular home units having a width in excess of 12' but not greater than 14' by the Central Permit 
Office on designated NC and US routes. All others will be issued single trip permits good for ten days 
from date of issue over approved routing. 

History Note: Authority G.S. 20-119: 1 36-18(5): Board of 
Transportation Minutes for February 16. 1977 
and ,\ovember 10. 1978: 
Eff July 1. 1978: 

Amended Eff September I, 1990: January I, 1985; 
April 1. 1984: April 11. 1980. 

.0608 LENGTH 

(a) Lengths are generally limited to 85'-0" including towing vehicle. If the route to be traveled does 
not include comers, consideration may be given to longer loads. When length, including towing vehicle 
exceeds 85', and route to be traveled requires negotiating comers, a steering trailer and escort vehicle 
may be required. Certain loads such as poles, girders, tmsses over 60' in overall length which do not 
exceed legal weight or width may be moved without permit during the daNlime if they are one integral 
unit. 

(b) Extended period permits for lengths exceeding 65' will not be issued except for mobile home de- 
hvery units. These may be issued to 9r-0" when a 15' towing unit is employed. Extended period 
permits are issued by the central permit office only. "Single trip permits may be issued for the move- 
ment of mobile homes on designated routes with a 15' towing unit not to exceed 950" combination 
length." 

(c) Front overhang shall not exceed the statutory limit of 3' beyond front bumper unless shown to 
be impractical to load otherwise and not create a safety hazard. 

History Note: Statutoty Authority G.S. 20-116: 20-119: 136-18(5); 
Board of Transportation Minutes for February 16, 
1977 and Sovember 10. 1978; 
Eff July I. 1978; 

Amended Eff September 1, 1990; October I. 1987; 
April I. 1984; February 1, 1983. 

.0624 TIME OF MOVE 

Specially pennitted moves may be made between sunrise and sunset Monday through Saturday. No 
moves may be made on Sunday or approved State holidays, unless otherwise stated on the permit. If 
the holiday falls on Saturday or Sunday, the following Monday will be considered a holiday. Time 
Umits may be included in any permit when the issuing authority deems it desirable for safety or to ex- 
pedite traffic. Modular or mobile homes greater than 12 but not more than 14-0" wide are permitted 
to move during these allotted times: 
(1) August 19-June 11 

Fully Controlled Access IJighways - 

Sunrise to Sunset (Monday-Friday) 
Sunrise to 12:00 Noon (Saturday) 
Non-Controlled Access Rural Highways - 
8:30 a.m. -2:30 p.m. and 4:30 p.m. to 
Sunset (Monday-Friday), Sunrise to 12:00 Noon (Sat.) 
Non-Controlled Access Urban (Pop. greater than 10,000) 
Four-Lane Highways - 8:30 a.m. -2:30 p.m. and 
6:00 p.m. to Sunset (Monday-Friday) 
Sunrise to 12:00 Noon (Saturday) 
Non-Controlled Access Lrban (Pop. greater than 10,000) 



767 5:11 NORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



Two-Lane Highways - 8:30 a.m. -2:30 p.m. (Monday- Friday) 
Sunrise to 12:00 Noon (Saturday) 
(2) June 12- August 18 
Rural Highways - 

Sunrise to Sunset (Monday- Friday) 
Sunrise to 12:00 Noon (Saturday) 
Urban Highways (Population greater than 10,000) - 
8:30 a.m. to 4:30 p.m. and 6:00 p.m. to 
Sunset (Monday-Friday) 
Sunrise to 12:00 Noon (Saturday) 

Historf Note: Authority G.S. 20-119; 136-18(5); Board of 
Transportation M inutes for February 16, 1977 
and Xovember 10, 197S; 
Eff July 1, 1978; 

Amended Eff September 1, 1990; January 1, 1985; 
July 1, 1981; April J 1, 1980. 

.0625 SPEED LIMITS 

(a) The speed of specially permitted moves shall be that which is reasonable and prudent for the load, 
considering weight and bulk, under conditions existing at the time; however, the maximum speed shall 
not exceed the posted speed limit, unless otherwise stated on the permit. 

(b) The driver will maintain a speed consistent with safety of the traveling public. He will avoid 
creating traffic congestion by maintaining proper internal and temporarily relinquishing the traffic way 
to allow the passage of following vehicles when a buildup of traffic occurs. 

History Xote; Authority G.S. 20-119; 136-18(5); Board of 
Transportation Minutes for February 16, 1977 
and Xovember 10. 1978; 
Eff July 1. 1978; 

Amended Eff September I. 1990; April II, 1980; 
January 1 . 1979. 

.0628 S.AFETV DEVICES 

Histon- Note: Statutory .Authority G.S. 20-119; 136-18(5); 
Eff July 1. 1978; 
Repealed Eff. September I. 1990. 

SUBCH.APTER 2E - MISCELLANEOUS OPERATIONS 

SECTION .0200 - OUTDOOR ADV ERTISING 

.0219 ELIGIBILITY FOR PROGRAM 

Business signs may be permitted, provided said businesses comply w ith the following criteria and have 
a public telephone: 

(1) The individual business installation whose name, symbol or trademark appears on a business sign 
shall give written assurance of the business's conformity with all applicable laws concerning the 
provision of public accommodations without regard to race, religion, color, sex, or national origin. 
An individual business may apply for additional sign positions on a sign panel provided no quali- 
fied applicant is denied space on the sign panel. /Vn individual business, under construction, may 
participate m the program by giving written assurance of the business's conformity with aU appli- 
cable laws and requirements for that type of service, by a specified date of opemng to be within 
one year of the date of application. 

(2) The maximum distance that a "GAS" "FOOD", or "LODGING" service can be located from 
the Interstate, or other fuUy controlled access highway shall not exceed three miles, with the 
maximum distance being five miles for a "CAMPING" service, in either direction via an aU- 
weathcr road. Said distances shall be measured from the point on the interchange crossroad, co- 
incident with the centerline of the Interstate or other fully controlled access liighway route median, 



5:11 NORTH CAROLINA REGISTER September 4, 1990 768 



FINAL RULES 



along the roadways to the respective motorist senice. The point to be measured to for each 
business is a point on the roadway that is perpendicular to the comer of the nearest wall of the 
business to the interchange. The wall to be measured to shall be that of the main building or of- 
fice. Walls of sheds (concession stands, storage buildmgs, separate restrooms, etc.) whether or not 
attached to the main building are not to be used for the purposes of measuring. If the office (main 
building) of a business is located more than .2 mile from a public road on a prisate road or drive, 
the distance to the office along the said drive road shall be included in the overall distance meas- 
ured to determine whether or not the business qualifies for business signing. The office shall be 
presumed to be at the place where the services are provided. 

(3) "GAS" and associated services. Criteria for erection of a business sign on a panel shall include: 

(a) appropriate licensing as required by law; 

(b) vehicle services for fuel, motor oil, tire repair (by an employee) and water; 

(c) restroom facilities and drinking water suitable for public use; 

(d) an on-premise attendant to collect monies, make change, and make or arrange for tire repairs; 

(e) year-round operation at least 16 continuous hours per day, seven days a week. 

(4) "FOOD". Criteria for erection of a business sign on-a panel shall include; 

(a) appropriate licensing as required by law, and a permit to operate by the health department; 

(b) year-round operation at least 12 continuous hours per day to serve three meals a day (sandwich 
type entrees may be considered a meal) (breakfast, lunch, supper), seven days a week; 

(c) indoor seating for at least 20 persons; 

(d) public restroom facilities. 

(5) "LODGING". Criteria for erection of a business sign on a panel shall include: 

(a) appropriate licensing as required by law, and a permit to operate by the health department; 

(b) adequate sleeping accommodations consisting of a minimum of 10 units each, including 
bathroom and sleeping room; 

(c) off-street vehicle parking for each lodging room for rent; 

(d) year-round operation. 

(6) "CA.MPING". Criteria for erection of a business sign on a panel shall include: 

(a) appropriate licensing as required by law, including meeting all state and county health and san- 
itation codes and ha\ing adequate water and sewer systems which have been duly inspected and 
approved by the local health authonty (the operator shall present evidence of such inspection 
and approval); 

(b) at least 10 campsites with accommodations for all types of travel-trailers, tents and camping 
vehicles; 

(c) adequate parking accommodations; 

(d) continuous operation, seven days a week during business season; 

(e) removal or masking of said business sign by the department during off seasons, if operated on 
a seasonal basis. 

History Note: Authority G.S. I36-S9.56; 136-137; 136-139; 
I43B-346: I43B-348; 143B-350(f): 
23 C.F.R. 750. Subpart A; 23 U.S.C. 131(f); 
Eff. April I. I9S2; 

Amended Eff. September I. 1990; November I. /9S7; 
April I, I9S6; March I, 1986. 

.0221 FEES 

(a) The fee for an initial installation is two hundred frtU" dollars ($250.00) per business sign. Con- 
tracts are renewed annually e\-er\' November 1. The annual fee is two hundred fil~ty dollars ($250.00) 
per business sign. The initial fee shall cover a one-year period beginning with placement and accept- 
ance of the "business sign" or "logo sign" by the department. The fee for that period of time between 
the first anniN'ersary of placement and acceptance and the first annual renewal date shall be the prorated 
portion of the annual fee. .\ny business which meets the criteria to participate in the program may 
pay the cost of initial installation of a complete logo sign panel subject to a credit to be determined by 
the department at the time it receives any fee from a business which later qualities and elects to par- 
ticipate in the program on the subject panel. The aforesaid payment of the cost of initial installation 
of a complete logo sign panel in no way relieves the participating business from the obligation of its 
payment of the annual mamtenance fee per business sign. 



■69 5:11 NORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



(b) Fees are payable by check or money order and due in advance of the period or service covered 
by said fee. Failure to pay a charge when due is ground for removal of the sign and termination of the 
contract. 

(c) When requested by a business, the department may perform additional requested services in 
connection with changes of the business sign, upon payment of a twenty-five dollar ($25.00) service 
charge per business sign, and any new or renovated business sign required for such purpose shall be 
provided by the applicant. If the department removes or masks a business sign because of seasonal 
operation, there will be no additional charge to the business. 

(d) The department shall not be responsible for damages to business signs caused by acts of 
vandalism, accidents, natural causes (including natural deterioration), etc., requiring repair or replace- 
ment of business sign(s). Applicants in such event shall provide a new or renovated business sign to- 
gether with payment of a twenty-five dollar (S25.00) service charge per business sign to the department 
to replace such damaged business sign(s). 

(e) Any participating business which did not previously participate in the initial cost of the installation 
of logo sign panels, may by making application to the department and paying the balance of con- 
struction costs not previously paid, avoid being remo\ed from this program by applications of other 
businesses deemed closer to the interchange. Any participating applicant may pay the balance of 
construction costs for only one logo sign on any sign panel. This payment of the balance of con- 
struction costs in no way relieves the participating business from the obligation of its payment of the 
annual maintenance fee per business sign. 

(t") Any business which meets the criteria to participate in the program, by making application to the 
department and prepaying all construction cost fees for addition to existing logo signs, may avoid being 
removed from this program by applications of other businesses deemed to be closer to the interchange. 
Any business apphcant may prepay the balance of construction costs for only one logo sign on any sign 
panel. This prepayment of all construction cost fees in no way relieves the participating business from 
the obligation of its payment of the annual maintenance fee per business sign. 

Historv Note: Authority G.S. / 36-89.56; 136-137; 136-139; 
I43B-346; 1438.-348; l43B-350(f); 
23 C.F.R. 750. Subpart A; 23 U.S.C. 131 (f); 
Eff. April I. 1982; 

Amended Eff. September I. 1990; April I. 1986; 
November I, 1985; October I, 1985. 

.0222 COM RACTS WITH THE DEPARTMENT 

(a) Fhe department shall perform all required installation, maintenance, removal and/or replacement 
of all business signs upon panels. 

(b) Indi\ idual businesses rcqucstmg placement of business signs on panels shall apply by submitting 
to the Department of Transportation a completed Agreement form. As a condition of said Agreement, 
the applicant must agree to submit the required initial fee within 30 days after the business is approved 
by the department. The department shaU provide a statement(s) to the applicant at the time agree- 
ments are provided that itemize the number of business signs required, their fec(s) and remittance re- 
quirements. Failure to submit the required fee and forms wUl result m removal by the department of 
the business's signs from the construction project plans. 

(c) Businesses must submit a layout of their proposed business sign for appro\al by the department 
before the business sign is fabricated. 

(d) No business sign shall be displayed which, in the opinion of the department, is unsightly, badly 
faded, or in a substantial state of dilapidation. Fhe department shall remove, replace, or mask any such 
business signs as appropnate. Ordmary initial instaUation and maintenance scr\ ices shall be performed 
by the department at such necessary times upon payment of the annual renewal fee, and removal shall 
be performed upon failure to pay any fee or for violation of any provision of these Rules and the 
business sign shall be removed. The business shall furnish all business signs. 

(e) When a business sign is removed, it will be taken to the dnision traffic services shop of the di\ision 
in which the business is located. The business wiU be notified of such remosal and gi\en 30 da>s in 
which to retrieve their business sign(s). After 30 days, the business sign will become the property of 
the department and will be disposed of as the department shall see fit. 

(t) Should the department determine that trailblazing to a business that is signed for at the interchange 
is desirable, it sh;dl be done with an assembly (or senes of assemblies) consisting of a ramp size business 
sign and an appropriate wliite on blue arrow. 'Ihe business shall furnish all busmcss sign(s) required 



5:11 NORTH CAROLINA REGISTER September 4, 1990 770 



FINAL RULES 



and deemed necessary by the department. Fees shall be same as for other business sign(s). If several 
different services are located on the same business site, duphcate type logo signs shall not be erected in 
a single logo trailblazer installation. In such trailblazer installations, only one logo sign and one di- 
rectional arrow sign will be used. The business may submit, subject to approval by the department, 
different logo signs to identify different services which may be located on the same business site. 

(g) Should a business qualify for business signs at two interchanges, the business sign(s) will be 
erected at the nearest interchange. If the business desires signing at the other interchange also, it may 
be so signed provided it does not prevent another business from being signed. 

(h) Where there are more businesses which meet the criteria to participate in the program than space 
is available on the panel(s), then those businesses closer to the interchange, measured as described in 
Rule .0219(b), shall be pennittcd to participate, except as provided for in Rule .0221 (a), (e), and (f). 

A business, under construction, shall not be allowed to apply for participation in the program if it's 
participation would prevent an existing open business apphcant from participating, unless the open 
business has turned down a previous opportunity offered by the Department to participate in the pro- 
gram as provided in Subsection .0222 (i). After appro\al of an appUcation to participate a business, 
under construction, shall be allowed pnority participation over another business, which qualifies and 
becomes open for business prior to the time specified for opening in the application by the business 
under construction. 

(i) Should the number of businesses of a particular service at an interchange increase to more than 
the ma.\imum number of business signs allowed on a panel, and a closer business qualifies and requests 
installation of its business signs, the business sign(s) of the fulhest business shaU be rcmo\ed at the 
renewal date, provided that any business which has previously paid the full cost of erecting a panel shall 
not be remoN'ed under this Rule. A business with more than one sign displayed on any panel shall have 
the additional sign(s) removed at the end of a contract period when other qualifying business(es) apphes 
for space on the panels. A business which has turned down a previous opportunity offered by the 
department to participate in the program may not qualify as a closer business under this Rule, except 
as provided in Rule .0221 (a), (e), and (f). 

A business closed for reconstruction or reno\ation, or for restoration of damages caused by fire or 
storm shall notify the division engineer's olflce inuncdiatley upon closing. At the time specified for 
reopening, if the business under construction, reconstruction, renovation, or restoration is found not 
be be in comphance, or not open for business, the Division Engineer, or liis employee sh;dl promptly 
verify the information. 

(j) When it comes to the attention ot the department that a participating business is not in comphance 
with the minimum state critena, the division engineer's office shall promptly \eriJy the mlbrmation and 
if a breach of agreement is ascertained, inform the business that it will be given a maximum of 30 days 
to correct any deficiencies or its business signs will be removed. If the business is removed and later 
apphes for reinstatement, this request shall be handled in the same manner as a request from a new 
apphcant. 

At the time specified for opening, if the business under construction is found to not be in comphance, 
or not open for business, the Division Engineer shall promptly verify the information. If a breach of 
agreement is ascertained, the Division Engineer shall mfonnjhe business that it will be given a maxi- 
mum of 30 days to correct any deficiencies or its business signs wiU not be erected. If the business later 
apphes for reinstatement, this request will be handled in the same manner as a request from a new ap- 
phcant . 

(k) The department reserves the right to cover or remove any or all business signs in the conduct of 
maintenance or construction operations, or for research studies, or whencser deemed by the department 
to be in the bestintcrest of the department or the traveling pubhc, without advance notice thereof The 
department reserves the right to terminate this program or any portion thereof by furnishing the busi- 
ness wntten notice of such intent not less than 30 calendardays prior thereto. 

(1) 1 he transfer of ownership of a business for which an agreement has been lawfully executed with 
the original owner shall not in any way affect the vahdity of the agreement for the business sign(s) of 
the business, pro\ided that the appropriate division engineer is gi\en notice in writing of the transfer 
of ow nership within 30 days of the actual transfer. 



Iliston' Sole: Auihorkv G.S. I36-S9.56; 136-137; 136-139: 

I43B-346: I43B-348; I43B-350(f}; 23 C.F.R. 750, 

Subpart A: 23 U.S.C. 131(f): 

Eff. April I. I9S2: 

Amended Eff. September I, 1990: Sovember I, 19S7; 



771 5:11 i\ORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



April I. 1986; November 1, I9S5. 

SECTION .0400 - GENERAL ORDINANCES 

.0424 T\\TS TRAILERS ACCESS ROUTES 

(a) Definitions - The following terms when used in this Section shall mean: 

(1) "Twin Trailers" - The \'ehicle combination consisting of a truck-tractor and two trailing units 
as authorized bv G.S. 20- 1 1 5. 1 . 

(2) "Terminal" - 

(A) a transportation facility at which freight in route to other destinations is transferred, ware- 
housed, or temporarily stored; 

(B) a commercial or industrial facLUt},' at which twin trailers are normally completely loaded or 
unloaded; or 

(C) a commercial or industrial facility where twin trailers are manufactured or regularly stored or 
maintained; 

(D) the term "terminal" shall not include retail facilities or "pick-up or drop addresses" for ship- 
ments or deliveries. 

(3) "Appropriate Law Enforcement Official" - The head of any law enforcement agency, or agency 
head designee(s), having jurisdication of the street or highway used or proposed for use as a 
"reasonable access" route. 

(b) "Twin Trailers" are allowed "reasonable access" between terminals and the National Truck 
Network only in accordance with this Section. "Reasonable access" for terminals located within three 
miles of the National Truck Network and the terminal. No filing or authorization from the Depart- 
ment of Transportation is required for any access route which is three miles or less between the terminal 
and the National Taick Network. No access route longer than three miles to and from such terminals 
may be used unless authorized by the Department of Transportation. 

(1) The following procedure for applying for "reasonable access" routes to and from "terminals" 
and the National Truck Network shaU be followed. The appropriate terminal official shall 
submit an application, w hich includes a map or photocopy of a portion of a map showing the 
proposed "reasonable access" route(s) or changes to ousting authorized "reasonable access" 
route(s) and the terminal location, to the State Traffic Engineer of the Department of Trans- 
portation for approval. The application shall be on a form provided by the State Traffic Engi- 
neer. WTien appropriate, the State Traffic Engineer will seek advice from the State Highway 
Patrol and the Di\ision of Motor Vehicles, or other appropriate law enforcement otTicials. ccn- 
ceming the application. 

(2) Public notice of aU applications for "reasonable access" pursuant to this Paragraph (b) shall be 
published by the Department of Transportation in a newspaper regularly circulated in the af- 
fected area of the State. The notice shall be pubhshed at least once a week on the same day of 
the week for two consecuti\e weeks. In addition, appropriate local go\eming bodies will be 
notified by the Department of Transportation of all applications witlun their jurisdications. 

(3) "Reasonable access" shall be limited to qualified routes with traffic lanes designed to be a width 
of 12 feet or more, except as otherwise authorized by the Department of Transportation pursu- 
ant to an application and Subparagraph (b|(6) of these Regulations, 

(4) Since traffic safety is the overriding concern, the following safety factors shall be taken into 
consideration in determining "reasonable access": Traffic congestion, tralTic volumes, route 
length, vehicle mix, geometric design of the highway, intersection geometries, width of the 
shoulders, width of pa\ement. superelevation of the pavement, pa\ement condition, at-grade 
railroad crossings, stopping sight distance, percentage passing sight distance, speed limits, \ertical 
and horizontal alignment, ability of other vehicles to pass trucks, widths of bridges, previous 
accident experience, and schools. This does not preclude consideration of other relevant safety 
factors, not included in this Rule, nor does reasonable access determination necessarily depend 
on any single factor. 

(5) No portion of a route that extends across a route on the National Truck Network is eligible for 
a "reasonable access" route. 

(6j I'he appropriate terminal official may apply for an exception to the State Traffic Engineer for 
"reasonable access" routes with lanes designed to be less than 12 feet wide, but not lanes de- 
signed to be less than ten feet wide in addition to or in lieu of route(s) qualified as a "reasonable 
access" route(sJ. Ihis application may be filed at any time on a form provided by the State 



5:11 NORTH CAROLINA REGISTER September 4, 1990 772 



FINAL RULES 



Traffic I:ngincer. The application shall document specific reasons why the Department of 
Transportation should grant the exception. 

(7) The State Traffic Engineer shall have a period of 60 days from receipt of any fully completed 
application pursuant to this Paragraph (b) to approve or reject the applied for routc(s) based 
on safety considerations. The appropriate terminal official and appropriate law enforcement 
officials will be notified of an\' rejection and the reasons. 

(8) 1 he I3epartment of I ransportation may, at an\ time subsequent to approval, re\"oke any route 
as a "reasonable access" route based on safety considerations. The appropriate terminal official 
and appropriate law enforcement officials wiU be notified in writing 30 days prior to any revo- 
cation. 

(9) The appropriate terminal official shall notify all twin trailer operators using the tcnninal of the 
routes authorized as "reasonable access" route between that terminal and the Network. The 
Department of Transportation shall notify State and local law enforcement officers of "reason- 
able access" routes that sene each terminal witliin the jurisdiction of the enforcement agency. 
The State TrafTic engineer shall make available the commercial motor vehicle operators infor- 
mation regarding reasonable access to and from the National Tnick Network. 

(c) rcmporary Regulations for Initial Application Period: 

(1) On or before February 1, 1989, the appropriate terminal official shall file an initial application 
for "reasonable access" route(s) between the terminal and the National Truck Network currently 
and routinely used prior the adoption of these Regulations. Except as provided by Paragraph 
(b), no route is authorized as a "reasonable access" route between a terminal and the Network 
unless applied for as herein provided. Subsequent additions of "reasonable access" route(s) may 
be applied for after the initial application period in accordance with Paragraph (b) but will not 
be effective until approved by the Department of Transportation. Twin trailers may operate 
only on currently and routinely used routes submitted in the application in accordance with 
Paragraph (c). contingent on formal approval or rejection of these routes by the Department 
of Transportation based on Paragraph (b). The 60 day penod to approve or reject the appli- 
cation under Subparagraph (b)(6l shall not be applicable to applications filed in the initial ap- 
plication period. 

(2) 1 he initial application shall be on a fonn pro\ ided by the State Traffic Engineer and shall include 
a map or photocop\ of a portion of a map showing currently and routinely used "reasonable 
access" route(s) and the terminal location. Phis application shall be fon\'arded to the State 
Traffic Engineer for review and consideration. \\Tien appropriated the State Traffic Engineer 
win seek advice from the State Highway Patrol and the Division of Motor Vehicles, or other 
appropriate law enforcement officials, concerning the initial application. 

(d) Nothing in this Section shall be construed to preclude designation of routes b\ the Department 
of Transportation in addition to those desigiiated h\ the U.S. Sccretars" of Transportation as pro\ided 
by G.S. 20- 11 5. Kg). 

(e) Appeal - An appropriate terminal official or appropriate law enforcement otTicial may appeal the 
rulings concerning access routes made by the State TratTic Engineer to the Secretary' of Transportation. 
In gi\ing notice of appeal the documentation to support reasons for believing that the detennination 
of the State Traffic Engineer was erroneous. The decision of the Secretary of 'Transportation shall be 
final agencN decision. 

Hisiuiy \oic: Authority G.S. 20-1 15.1 : 

Board of Transportation minutes on Sovembcr IS, /9S9; 
Eff. September 1. 1990. 

CHAPTER 3 - DIMSION OF MOTOR \ EHICLES 

SL BCHAP FER 3B - DRI\ FR SFRMCES SECTION 

SECTION .07(10 - COMMERCLAL DRH ERS' LICENSE 



.0701 GENERAL INFORMATION 

(a) Under G.S. 20-37.22 the North Carolina Division of Motor \'el"iicles ma\" adopt any rules neces- 
sary to cam- out the provisions of Article 2C. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



(b) The purpose of these requirements is to establish policies and procedures to permit persons other 
than emploNces of the North Carolina Division of Motor Vehicles to conduct the skills test required 
of commercial driver license applicants. 

(c) Authority to administer skills tests will be granted only to Third Party Testers under agreement 
with the North Carolina Di\ision of Motor Vehicles and utilizing Third Party Examiners recognized 
and deemed qualified by the North Carolina Division of Motor Vehicles. 

History Note: Statuton' Authoritv G.S. 20-37.22; 
Eff. September I, 'l990. 

.0702 DEFIMTIONS 

The following words and terms, when used m these requirements, shall have the following meaning: 

(1) "Division" - The North Carolina Di\ision of Motor Vehicles. 

(2) "Commissioner" - Ihc North Carolina Commissioner of Motor Vehicles. 

(3) "CDL" - Commercial Dri\ers License. 

(4) "FHWA" - Federal Highway Administration. 

(5) "FMCSR" - The Federal Motor Carrier Safety Regulations promulgated by the U.S. Department 
of Transportation. 

(6) "Approved Testing Program" - The skills tests required by the Di\ision which shaU be adminis- 
tered by a Third Party Tester. 

(7) "Tester Certificate" - The document issued to a Third Party Tester authorizing them to administer 
the approved testing program on behalf of the Division. 

(8) "Third Party Tester" - A government entity, association, educational institution or business entity 
engaged in the use of commercial motor vehicles, licensed by the Division to administer the ap- 
proved testing program for CDL applicants in accordance with these requirements. 

(9) "Third Party Examiner" - An individual who is a payroll employee of a Third Party Tester and 
who has been issued an examiner certificate to conduct the skills tests required for a CDL. 

History Sate: Statutory' Authority G.S. 20-37.22; 
Eff. September I, 1990. 

.0703 REQUIREMENTS FOR THIRD PARTY TESTERS 

(a) To be certified, a 1 hird Party Lester must: 

(1) Make application to and enter into an agreement with the Di\ision as pro\ided in Rule .0706 
of these Regulations. 

(2) Maintain a place of business with at least one permanent regularly occupied structure within the 
state of North Carolina. 

(3) Ensure its place of busmess is safe and meets all requirements of state law and local ordinances. 

(4) Have at least one qualified and approved Third Party Examiner in their employ. 

(5) AUow, FHWA, its representative(s), and the Division to conduct random examinations, in- 
spections and audits without prior notice. 

(6) Allow the Di\ision to conduct periodic, but at least annual on-site inspections. 

(7) Maintain at each appropriate third party testing location, for a minimum of two years, a record 
of each driver for whom the Third Party Tester conducts a skills test, whether or not the dnver 
passes or fails the test. Each such record shall include: 

(A) The complete name and address of the driver: 

(B| fhe driver's social security number, driver's Hcense number and the name of the state or 
jurisdication that issued the license held by the driver at the time of the test; 

(C) The date the driver took the skills test; 

(D) The test score shect(s) showing the results of the test; 

(E) The name and identification number of the Third Party Examiner conducting the skills test; 

(F) The record of all receipts and disbursements; 

(G) The make, model and registration number of the commercial motor veliicle(s) used to con- 
duct the testing: and 

(H) The written contract (copy), if applicable, with any person or group of persons being tested. 

(8) Maintain at each approved testing location, a record of each Third Party Examiner in the em- 
ploy of the Third Party Tester at that location. Each record shall include: 

(A) A valid Examiner Certificate indicating the Examiner at that location; 



5:11 NORTH CAROLINA REGISTER Septembet 4, 1990 774 



FINAL RULES 



(B) A copy of the Third Party Examiner's current dri\'ing record, uhich must be updated annu- 
ally: and 

(C) Evidence that the Third Party Examiner is a payroll employee of the Third Party Tester. 

(9) Retain all Ihird Party Examiner records for at least two years after the Third Party Examiner 
leaves the empIo\ of the Third Party Tester. 

(10) Ensure that the skills tests are conducted in accordance with the requirements of this Section 
and the instructions provided by the Division. 

(11) ProN'ide documented proof (using a form provided by the Division) to each dri\er applicant 
who takes and passes the required skills tests. I he dri\er applicant m tum wiU present the form 
to the Duision as e\idcnce that they successfully passed the dri\ing tests administered by the 
Third Party. 

(b) In addition to the requirements listed in Paragraph (a) of this Rule, all Third Party Testers who 
are not governmental entities or associations must: 
( 1 ) fruck and or Bus Companies: 

(A) Employ at least 25 North Carolina licensed drivers (fuU-time. part-time, or seasonal) of 

commercial motor \ehiclcs. 
(Bj Employ an indi\idual who would be responsible for the organization's third party testing 

operation. 
(C) Have been in operation in North Carolina a minimum of two years. (If in operation less than 
two years under current company name, identify previous company name(sj to cover the two 
\ear penod. i 
(2| Educational Institutions: 

(A) Have an established commercial motor vehicle training program. 

(B) Have been in operation in North Carolina a minimum of two years. 

Histon \oie: StaUiton Authorily G.S. 20-3". 33; 
Eff. September 1. 'l990. 

.0704 RKQl IRE.MENTS FOR THIRD PARTY EXAMINERS 

(a) Third Party Examiners may conduct skiUs tests on behalf of only one Third Party Tester at any 
gi\en tune. If a Third Party Examiner lea\es the employ of a Third Party Tester he she must reapply 
in order to conduct tests on behatf of a new Third Party Tester. 

(b) To quaUly as a Third Party Examiner, an individual must: 

(1) Make application on a form provided by the Division; 

(2) Be a payroll employee of the Third Party Tester; 

(3) Possess a valid North Carolina Dri\er's License with classification and endorsements required 
for operation of the class and t\pe of commercial motor \ehicle used in the skills tests conducted 
b}' the Examiner: and 

(4) Have successfully completed a Division sanctioned CDL Examiner Training Course. At a 
minimum upon completion of the training the Third Party Examiner should have acquired and 
demonstrated the following knowledge and skills: 

(A) A comprehensive understanding of all inlonnation in the CDL Manual; 

(B) A working knowledge of the CDL Administering and Scoring Guide; 

(C) .\bilit_\' to administer and score correctly each of the CDL skiUs test; and 

(D) Knowledge of testing site and route requirements. 

(5) Take part in all Di\ision required ad\anced training courses, workshops, seminars, etc.: 

(6) \\'ithin ten vears prior to application have had no con\'ictions for Driving While Impaired 
(DWI): 

(7) W'itliin ti\'e years prior to application have had no driver's license suspensions, re\ocations, 
cancellations or disqualifications: 

(8) Must be at least 21 years of age and possess a high school diploma or equivalent: 

(9) Conduct skills tests on behalf of the I'hird Party Tester, in accord;ince with these requirements 
and in accordance with current instructions provided by the Division. 

(c) The requirements of the skills tests are impracticable to print here. The requirements are con- 
tained in the CDL Administering and Scoring Guide which is available from the Dri\ er License Section 
at 1100 New Bern Avenue. Raleigh, North Carolma 27697. 

Histon Xoie: Stati^toty Authority G.S. 20-3~.22; 
Eff. September I. 'l990. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



.0705 CERTIFICATES 

(a) A certificate will be issued allowing the Third Party Tester to operate an approved testing program 
to give skills tests to applicants for a CDL. 

(b) An examiner certificate will be issued to qualified employees of the 1 bird Party Tester. 

(c) A copy of the Examiner's Certificate must be displayed in the office of the Third Party Tester. 

(d) The certificate issued by the Division to operate a Third Party Testing Program will be effective 
on the date of issuance and shall be prominently displayed in the place of business of the Third Party 
Tester until cancelled or revoked. 

(e) The Examiner's certificate will be effective on the date of issuance and remain in effect unless the 
Examiner must surrender the certificate to the Division when that Examiner becomes inactive or, until 
the certificate has been revoked or cancelled by the Division. 

(f) A certificate to operate a Third Party Testing program shall be non-transferable. 

History Note: Statutory Authority G.S. 20-37.22; 
Eff. September I, /990. 

.0706 APPLICATION FOR 1 HIRD PARTY TESTER CER I IFICATIOX 

(a) Before any certificate is issued, an application shaU be made in writing to the Di\ision on a form 
prepared and furnished by the Division. I he application shall include the following: 

( 1) The official name, address, and telephone number of the principal office or headquarters. 

(2) Name, title, address and telephone number of the individual who has been designated the ap- 
phcant's contact person. 

(3) Description of the type of organization that is applying (govenm:icntal entity, association, motor 
carrier, educational institution), as wcU as the length of time they have been in business in North 
Carolina, if applicable. 

(4) A description of the vehicle fleet owned or leased by the applicant, including a complete equip- 
ment roster as listed for insurance purposes. 

(5) The class of testing for which the applicant is applying for. 

(6) The total number of North Carolina licensed drivers employed to operate commercial motor 
vehicles, and the number of such drisers who are full-time, part-time, and seasonal. 

(7) Name, driver's license number, social security number and home address of those payroll 
employce(s) who wish to be approved as a Third Party Examiners. 

(8) Proof the Third Party Tester meets the insurance requirements as stated in Rule .0714 (a) - (d). 

(9) The address of each North Carolina location where the applicant intends to conduct the skiUs 
tests as well as a description of the off-road facilities including a map, drawing or written de- 
scription of the road test route that will be used for the on-road portion of the skills test. 

(b) Educational Institutions must submit with their application a description of their faciUties, 
equipment and training curriculum. The number of applications for the previous year and the percent 
graduated must also be included. 

(c) An applicant for a certificate shall also execute an agreement form provided by the Division in 
which the applicant agrees, at a minimum, to comply with the requirements and instructions of the 
Division for Third Party Tester, including audit procedures, and agrees to hold the Division harmless 
from liability resulting from the Third Party Tester's administration of its CDL Skills Test Program. 

llistoiy Xote: Statutoiy Authority G.S. 20-37.22; 
Eff. September I. '1990. 

.0707 APPLICATION FOR THIRD PARTY EXAMINER CERIIFIC.ATION 

Application for an Examiner Certificate shall be made on a form suppUed by the Division. The form 
shall require at least the following information: 

(1) full name, home and business addresses and telephone numbers; 

(2) Driving history, including class of current license and any endorsements, and restrictions; 

(3) Name, address and telephone number of the applicant's employer who has applied for or received 
a certificate as a Third Party Tester; and 

(4) Employer's recommendation of the applicant for and examiner certificate, as well as proof that 
the applicant is a payroll employee. 

History Xote: Statutory Authority G.S. 20-37.22; 



5:11 NORTH CAROLIN. A REGISTER September 4, 1990 776 



FINAL RULES 



Eff. September I. 1990. 

.0708 AD\ KRTISrSG 

(a) No ad\ertismg shall indicate in any way that a program can issue or guarantee the issuance of a 
commercial driver's License, or imply that the program can in any way influence the Division in the is- 
suance of a commercial dnver's license or imply that preferential or advantageous treatment from the 
Division can be obtained. 

(b) No advertising shall show a telephone number unless it also shows a valid address for the principal 
place of business for the I hird Party Tester. 

(c) Third Party Tester may state m advertising that it has been approved and certified by the Division. 

Histon Sole: Statutory Authority G.S. 20-3^.22; 
Eff. September 1. 'l990. 

.0709 ON-SITE INSPECTIONS .AND .AUDITS 

(a) .-VQ applicants for a Third Party Tester Certificate shall permit the FHWA or the Division to in- 
spect and audit its operations, facilities and records as they relate to its Third Party Testing program, 
for the purpose of determining whether the applicant is qualified to be certified. 

(b) Third Party Testers who have been certified shall permit the Division or FHW.A to pcnodically, 
but at least amiuaUy, inspect and audit its Third Party Testmg program to detemune whether it remains 
in compliance with the certification requirements. 

(c) The Division and FHW.A. wiQ perform inspections and audits with or without prior notice to the 
1 hird Party Tester. 

(d) Inspections and audits wiU include, at a minimum, an examination of 
( 1 ) Records relating to Third Party Testing program; 

(2) Evidence of compliance with the FMCSR's: 

(3) Skills testing procedures practices and operations; 

(4) \'ehicles used for testing; 

(5) Qualifications of Third Party Examiners: 

(6) Effectiveness of the skills test program by either testing a sample of drivers who have been issued 
skills test certificates by the Third Party Tester or having Division employees take the skiUs tests 
from a Third Party Examiner; and 

(7) .Any other aspect of the Third Party Tester's operation that the Division determines is necessar%' 
to verify that the Third Party Tester meets the requirements for the certification. 

(e) The Division wiU prepare a written report of each inspection and audit report of the results of each 
inspection and audit. .A copy of the report will be provided to the Third Party T-ester. 

Ilistorv Sote: Statuto/y Authority G.S. 20-3^.22; 
Eff. September I. 'l990. 

.0710 NOIIFIC ATION REQUIREMENTS 

(a) fhird Party Tester must: 

(1) Notify the Division in writing 30 days prior to any change in the Ihird Party Testers name or 
address. 

(2) Notify the Division in writing within ten days of any change in: 

(.A) Ihe Third Party Examiners who are employed by the Third Party Tester: and 

(B) The driving status of any Third Partv E.xaminer. 

(3) Notify the Division in writing within ten days of any of the following occurrences: 
(.A) The Third Party Tester ceases business operations in North Carolina. 

(B| The Third Party Tester fails to comply with anv' of these Division requirements. 

(C) .Any Third Party Examiner receives notice from the Division of their license suspension, re- 
vocation, disqualification, or cancellations or DWI conviction. 

(D) -Any Third Party E.xaminer fails to comply with any of these Division requirements. 

(4) Be recertified if a Third Party Tester ceases operation and reopens for business. 

(5) Be reinspected prior to administering road tests if a Third Party Tester s business address 
changes. 

(6| Request and obtain approval from the Division of any proposed changes in the skills test route, 
test content, or examiner administrative procedures. 



777 5:11 NORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



(b) Third Party Examiners shall notify the Division within ten days of leaviag the employ of the Third 
Party Tester and must be recertified by the Division before testing elsewhere. 

History Note: Statutory Authority G.S. 20-37.22; 
Eff. September I, 1990. 

.071 1 EVALUATION OF APPLICANTS BY THE DLV ISION 

(a) The Division will evaluate the materials submitted by the Third Party Tester applicant, and if the 
application materials are satisfactory, the Division may schedule an on-site inspection and audit of the 
applicant's Third Party Testing Program to complete the evaluation. 

(b) The Division will evaluate the materials submitted by the Third Party Examiner applicant in- 
cluding the applicant's driving record, qualification questionnaire, and certificate of training. 

History Note: Statutory Authority G.S. 20-37.22; 
Eff. September I. 1990. 

.0712 CERTIFICATION BY THE DIMSION 

(a) Upon successful application and evaluation, a Third Party Tester will be issued a certificate which 
must be prominently displayed at the approved testing facility giving them the authority to administer 
a Third Party Testing program for the classes and types of vehicles hsted. 

(b) Upon successful application, evaluation and training, a Third Party Examiner wOl be issued a 
certificate which must be prominently displayed at the approved testing facility giving him/her the au- 
thority to conduct skills tests for the classes and types of commercial motor vehicles listed. 

(c) Certificates will remain valid until canceled by the Division or voluntarily relinquished by the 
Third Party Tester or Examiner. 

History Note: Statutory Authority G.S. 20-37.22; 
Eff September I. 1990. 

.0713 PROFESSIONAL CONDUCT 

(a) No examiner, employee, or agent of the Third Party Tester will be permitted to accompany any 
Commercial Driver License apphcant into any examining office rented, leased, or owned by the Divi- 
sion for the purpose of taking a written or skills test driver examination given by the Division. 

(b) No examiner, employee, or agent of the Third Party Tester vviU be permitted to personally solicit 
any individual on the premises rented, leased, or owned by the Division for the purpose of enrolling that 
individual in any Third Party Testing program. 

History Note: Statutory Authority G.S. 20-37.22; 
Eff September I, 1990. 

.0714 ESSURANCE REQUIREMENTS 

(a) All Third Party Testers shall maintain bodUy injury' and property damage liability insurance on 
motor vehicles used in driving tests, insuring the liability of the testing program, the Examiner and any 
person taking tests in the amount required by state law. 

(b) Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall 
be fded by the Tester with the Division. The certificate shall stipulate that the insurance contract car- 
ried by the Tester provides for canceUation only upon 30 days prior written notice to the Division. 
The certificate shall include the make, model, year and motor or serial number of cverv' veliicle covered 
by the pohcy. 

(c) When a vehicle is added to, exchanged or deleted from coverage under a fleet insurance plan, the 
Third Party Tester shall provide the Division a copy of a pohcy rider issued by the insurance carrier 
showing the addition or exchange, with complete descriptions of the vehicles involved. 

(d) If the Third Party Tester is self-insured, an appropriate certificate shall be fded with the Division. 

History- Note: Statutoiy Authority G.S. 20-37.22; 
Eff September J, 1990. 

.0715 TEST AD.MINISTRATION 



5:11 NORTH CAROLINA REGISTER September 4, 1990 778 



FINAL RULES 



(a) Skills tests shall be conducted strictly in accordance with the provisions of these requirements and 
with current test instructions provided by the Division. Such instructions may include information on 
skills test content, route selection/revision, test forms, examiner procedures, and administrative proce- 
dures and or changes. 

(b) Skills test shall be conducted: 

(1) On test routes approved by the Division. 

(2) In a vehicle that is representative of the class and type of vehicle for which the CDL applicant 
seeks to be licensed and for which the 1 hird Party Examiner is qualified to test. 

(3) Using Division approved content, forms, and scoring procedures. 

History Sole: Statutory Authority G.S. 20-37.22; 
Eff. September I, 1990. 

.0716 DKMAI /TERMINATION OE THIRD PARTY TESTESG PROGRAM/CERTIEICATION 

(a) The Dhision may deny any appUcation for a Third Party Tester or Examiner's Certificate, if the 
applicant does not qualify for the certificate under provisions of these Rules. Misstatements or mis- 
representation may be grounds for denying a certificate. 

(b) Any Third Party Tester or Examiner may relinquish certification upon 30 days notice to the Di- 
vision. 

(c) The Di\ision rcser\'es the riglit to cancel the Third Party Testing Program provided for in these 
requirements, in its entirety. 

(d) The Division may revoke the certificate of a Third Party Tester or Examiner upon the following 
grounds: 

( 1 ) Eailure to comply u ith or satisfy an\- of the provisions of these requirements, the Duision in- 
structions or the Third Party Tester Agreement; 

(2) Ealsification of any record or information relating to the Third Party Testing program; 

(3) Commission of any act which compromises the integrity of the Third Party Testmg program; 

(4) Eor Third Party Examiner: dri\er license suspension, revocation, cancellation, or disqualif- 
ications; and 

(5) Eor Third Parly Examiner: conviction of dri\ing while impaired (DWI). 

(6) Hold more than one license. 

(7) Has a physical impairment that in the judgment of the Division would impair his ability to safely 
operate a motor vehicle of the class required to certify others. 

(e) If the Division determines that grounds for cancellation exist for failure to comply with these re- 
quirements or the Third Party 'Tester Agreement, the Di\ision may postpone cancellation and allow 
the Third Party Tester or Examiner 30 days to correct the deficiency. 

(f) If Third Party Examiner or Tester is alleged to be in violation of any provisions of these Regu- 
lations, the Examiner or Tester: 

( 1) Shall be notified by registered or certified mail; 

(2) May request a "show-cause" hearing. The request must be within ten days of receipt of the 
registered or certified letter; 

(3) May be represented by counsel; 

(4) I'pon completion of the hearing, the T^isision shall notify the Third Party Tester or Examiner 
within ten days of its decision which may be appealed; and 

(5) Reccrtification will be required if any Third Party Tester or Examiner, or Third Party Tester's 
or Examiner's certification is revoked or cancelled. 

Histoiy Sate: Stalutor\- Authority G.S. 20-37.22; 
Eff. September I. '/990. 

SUBCHAPTER 3D - LICENSE AND THEIT SECTION 

SECTION .0800 - SAFETY RULES AND REGULATIONS 

.0801 SAFETY OF OPERATION AND EQUIPMENT 

(a) T he rules and regulations adopted by the U.S. Department of Transportation relating to safety 
of operation and equipment (49 CER Parts 390-398 - formerly Parts 290-298 - and amendments 
thereto) shall apply to all for-hire motor carrier vehicles engaged in interstate commerce and intrastate 



779 5: 1 1 NOR TH CAR OLINA REGIS TER September 4. 1990 



FINAL RULES 



commerce over the highways of the State of North Carolina, whether common carriers, contract carriers 
or exempt carriers. 

(b) 1 he rules and regulations adopted by the U.S. Department of Transportation relating to safety 
of operation and equipment (49 CFR Parts 390-398 and amendments thereto) shall also apply to all 
private motor carriers engaged in the transportation of hazardous waste and radioactive waste in inter- 
state and intrastate commerce over the highways of the State of North Carolina. 

(c) The rules and regulations adopted by the U.S. Department of Transportation relating to safety 
of operation and equipment (49 CfR Farts 390-398 and amendments thereto) shall apply to all private 
motor carrier \ehicles on the highways of the State of North Carolina used in commerce to transport 
cargo: 

(1) if such vehicle has a gross vehicle weight rating of 10,000 pounds or more; or 

(2) if such vehicle is used in the transportation of materials found to be hazardous in accordance 
with the Hazardous Materials Transportation Act as amended in Title 49, Code of Federal 
Regulations. 

ProN'idcd, Part 396.17 shall not apply to vehicles operated by farmers or their employees solely within 
North Carolina. 

Persons who otherwise qualify medically to operate a commercial motor vehicle within the State of 
North Carolina will be exempt from provisions of Part 391.11(b)(1) and Part 391.41(b)(1) through (11) 
and therefore will be authorized for intrastate operation if licensed prior to March 30, 1992, are ap- 
pro\ed by an Exemption Review Officer appointed by the Commissioner of .Motor Vehicles and meet 
all other requirements of this Section. Ihese drivers shall continue to be exempt upon completion of 
a biennial medical examination indicating the condition has not worsened or no new disqualifying 
conditions have been diagnosed and upon continued approval of an Exemption Review Officer. 

History Note: Statutory Authority G.S. 20-3S4; 
Eff. December I, 1983: 

Amended Eff. September I. 1990; November I, I9SS: 
July I. I9SS: June I, I9SS. 

SUBCH.APTER 3G - TRAFFIC SAFETY EDUCATION SERMCES SECTION 

SECTION .0200 - SCHOOL BUS DRI\ ER TR.AINING AND CERTIFICATION 

.0206 PERIOD OF CERTIFICVIION 

As of September 1, l')90, a school bus dnver certificate shall be valid for a period of four years to 
coincide with the four-year period of the driver's Commercial Dri\er License. The expiration date shall 
be the dri\er's birthday in the fourth year following the year of issuance in conformity with the pro- 
\isions of the first Paragraph of General Statute 20-7(f). 

Histoiy Note: Statuion' Authority G.S. 20-39(bJ; 20-2/8; 
Eff April I. 1 989;' 
Amended Eff. September 1 . 1990. 

.0209 CANCELL.\TION OF CERTIFICATION 

The Division of Motor Vehicles shall cancel the school bus dri\er certificate of any driver for the fol- 
lowing reasons: 

(1) Any determination that the certificate was issued on the basis of misinformation, false staterirents, 
or fraud. 

(2) A suspension. re\'ocation, or cancellation of the driver license. 

(3) Conviction of a motor vehicle mo\'ing offense, to the following extent: 

(a) Driving while impaired; 

(b) Passing a stopped school bus; 

(c) Hit and run; 

(d) Reckless driving; 

(c) Speeding more than 15 mph above the posted limit; 

(f) Two convictions within a period of 12 months; 

(g) A conviction of violation committed while operating a school bus. 

(4| A determination of physical or mental inadequacy under the provisions of the physical require- 
ments noted in Rule .0205 of tliis Section. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 7S0 



FINAL RULES 



(5) A local cancellation of certification, in the discretion of the local administrative unit, for violation 
of local regulations, submitted formally to the Dnvcr Education Specialist for cancellation at the 
state level. 

(6) Should evidence of improper or unsafe driving practices and driving procedures on the part of any 
certified driver come to the attention of the Driver Education Specialist, the Speciahst may require 
re-examination of that driver. The Driver Education Specialist shall have authority to suspend 
certification of a driver until the Driver Education Speciahst is satisfied, by additional training and 
observation, that the driver is a fit and competent person to operate or drive a school bus. 

(7) A driving record which in its overall character arouses serious question about the reliability, 
judgment, or emotional stability of the driver. 

Ilistorv Xole: Statutory^ Authority G.S. 20-39 (b); 20-2 J 8; 
Eff. April I. I9S9; 
Amended Eff. September 1 , 1990. 

SUBCHAPTER 31 Rl LES AND REGl LATIONS GO\ ERMNG THE EICENSING OF 
CO\EMER( E\L DRIN ER TRAINING SCHOOLS AND INSIRECTIONS 

SECTION .0200 - REQl IREMENTS AND APPLICATIONS FOR 
COMMERCIAL DRI\ ER TRAINING SCHOOLS 

.0202 ORK.INAL APPLICATION 

Each original application for a commercial driver training school license shall consist of the foUovvLng: 

(1) Apphcation for license; 

(2) Personal histor>- statement of owner-operator or manager. This information is confidential and 
for use by the Division only; 

(3) Proposed plan of operation; 

(4) Proof of liability insurance; 

(5) Sample copies of contracts; 

(6) A check or money order in the amount of forty dollars ($40.00). This fee is due for both original 
and renewal applications for hcense; 

(7) Certificate of assumed name; 

(8) Surety Bond; 

(9) A report from the appropriate government agenc\' indicating that the location or locations meet 
fire safety standards; 

(10) A copy of the deed, lease, or other legal instruments authorising the school to occupy such lo- 
cations; 

(11) List of fees for all services offered by the school; and 

(12) A copy of lease agreement if leasing vehicles. 

1 1 is ton- .\'ote: Statitton' Authority G.S. 20-322 through 20-324; 
Eff Juh2. 1979; ' 

Amended Eff September I, 1990: April I. I9S9; 
May I. I9S7; June I, 1982. 

.0209 LICENSE REQLIRED 

No school or branch is permitted to operate, advertise for business or collect monies without the 
proper license in hand as set forth in these Regulations. 

IfistofT .\ote: Statutory Authority G.S. 20-322; 
Eff July 2. 1979; ' 
Amended Eff. September /, 1990. 

SECTION .0-400 - .MOTOR \ EHICLES LSED IN FSSTRLCTION 

.0401 VEHICLE EQLIPMENT 

Bchind-thc-wheel instruction of students in commercial -driver training schools shall be conducted in 
motor vehicles owned or leased by the school. AH veliiclcs used for the purpose of demonstration and 
practice shall: 



7Sl 5:11 NORTH CAROLINA REGISTER September 4, 1990 



FINAL RULES 



(1) be equipped with: 

(a) dual controls on the foot brake; 

(b) dualcontrols on the clutch, if the vehicle is equipped with a clutch and manual transmission; 

(c) seatbelts for both the instructor and the students which shall be worn by the instructor and 
students while the vehicle is being used for instructional purposes; 

(d) an outside rearview mirror mounted on the right side of the vehicle; 

(e) a heater and defroster in working condition; 

(f) all other equipment required by Chapter 20 of the North Carolina General Statutes; 

(g) cushions: for short drivers; 

(h) seat adjustments: moves easily, smoothly; secures after moving; 

(i) door locks: operation; no sharp knobs; 

(j) cleanliness inside: seats, dash, floors; outside: windows, lights, general appearance, license plate. 

(2) bear a conspicuously displayed sign with the words "Student Dnver" in letters not less than three 
inches in height, and the name and location of the school in letters not less than one and one half 
inches in height. The required wording must be \isiblc from both the front and rear of the vehicle. 

History Note: Statutorv Authoritv G.S. 20-322 through 20-324; 
Eff. July 2, 1979: ' 
Amended Eff. September I, 1990; February! I. I9S3. 

SF:C HON .0500 - REQUIREMENTS AND APPLICATIONS EOR DRFV ER 

TRAINING INSTRUCTOR 

.0501 REQUIREMENTS 

(a) Each instructor of a commercial driver training school or branch shall: 

(1) be of good moral character; 

(2) ha\'e at least four years of e.xperience as a licensed operator of a motor vehicle; 

(3) not have been con\ icted of a felony or convicted of a misdemeanor involving moral turpitude 
in the ten years immediately preceding the date of application; 

(4) not have had a revocation or suspension of his driver's hcense in the four years immediately 
preceding the date of application; 

(5) have graduated from high school or hold a high school equivalency certificate; 

(6) not have had convictions for moving violations totaling seven or more points in the three years 
preceding the date of application; 

(7) have completed the two-semester hour, college credit preparatory course for teachers; an 
equivalent course approved by the commissioner, or an Instructor Training Program conducted 
by an appro\ed Commercial Driver Training School; 

(8) successfully complete the written test administered by a Driver Education SpeciaUst; (.Allowed 
only one retest ) 

(9) successfully complete the Miller Road Test gi\en by a Driver Education Specialist; (.Allowed 
only one retest) 

(10) be given a three month probation period until evaluated and recommended by a Driver Edu- 
cation SpeciaHst. 

(b) An applicant may apply for an instructor's learner's permit which would be valid for three 
months. To be eligible for an instructor's learner's permit, the applicant shall meet requirements (a) 
(1) through (6); and shall: 

(1) submit an Instructor Application with an eight dollar ($8.00) apphcation fee, copy of high 
school diploma or high school equivalency certificate, and physical examination form; 

(2) successfully complete 30 hours of classwork as a student at an appro\'ed commercial dri\er 
training school; 

(3) successfully complete six hours of bchind-the-wheel training as a student at an appro\ed com- 
mercial driver training school; 

(4) successfully complete six hours of observation of bchind-thc-whecl instruction of a new driver 
by a licensed instructor trainer; 

(5) successfully complete the written test administered by a Driver Education Specialist; (.Allowed 
only one retest) 

(6) successfully complete the Miller Road lest given by a Driver Education Specialist; (.Allowed 
only one retest) 

(7) shall after completing (b)(r) through (6) practice teach in the presence of an instructor trainer; 



5:11 NORTH CAROLINA REGISTER September 4, 1990 782 



FINAL RULES 



(8) successfully complete two hours of classroom instruction while being obscr\ed by a Driver 
Education Specialist; 

(9) successfully complete two hours of behind-the-wheel instruction while being obser\cd by a 
Driver Education Specialist; 

(10) be recommended by a Driver Education Specialist to receive an instructor's license, 
(c) .\n instructor at an approved commercial driver training school may apply for an Instructor 
Trainer license. The Instructor Trainer shall: 

( 1 ) have five consecutive years as an active licensed instructor; 

(2) submit an application for Instructor Trainer License with a fee of eight dollars ($8.00); 

(3) complete two hours of classroom obscr\ation by a Dri\cr Education Specialist while training 
instructors, not dri\er education students; 

(4) complete two hours of behind-the-wheel observation by a Dri\er Education Specialist while 
training instructors, not driver education students; 

(5) successfully complete the written test administered by a Driver Education Specialist; (Allowed 
onl_\' one retest) 

(6) successfully complete the Miller Road Test gi\en by a Driver Education Specialist; (.Allowed 
only one retest) 

(7) be recommended by a Dri\er Education Specialist; 
(S) must rcquaHfy each school year. 



Histon- Xote: Statuloty Authority G.S. 20-322 throu2.h 20-324; 
Eff. July 2. 1979: ' 

Amended Eff. September I, 1990: April 1, I9S9: 
Febn/an- I. I9SS: May /, J9S7. 



'S3 5:11 NORTH CAROLINA REGISTER September 4, 1990 



ARRC OBJECTIONS 






1 he Administrative Rules Re\'ieM,' Commission (ARRC) objected to the following rules in accord- 
ance with G.S. I43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
I43B-30.2(d). 



ECONOMIC AND CO.MMLAITY DEVELOPMENT 

Banking Commission 

4 NCAC 3C .020! - Establishment of Branch and Limited Svcs Facilities 
4 NCAC 3C .0202 - Branch Closing 
4 NCAC 3C .0901 - Books and Record 
4 NCAC 3C .1301 - Annual Vacation 

Community Assistance 

4 NCAC I9L .050! - Definition 

Savings Institutions Division 

4 NCAC !6A .0302 - Response of Administrator to Petition 

Agency Revised Rule 
4 NCAC !6A .0402 - Informal Settlement 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATLRAL RESOURCES 

Environmental I lealth 

!5A NCAC !8A .!8!4 - Disposal of Garbage and Trash: Premises 

Agency Revised Rule 
!5A NCAC !SC .1529 - Point-of-Etitry and Other Treatment Devices 

Agency Revised Rule 

Environmental Management 

!5A NCAC 2F .0!02 - General Criteria 

Agency Revised Rule 
I5A NCAC 2F .0!05 - Effective Contingent Upon Federal Funds Allocated 

Agency Revised Rule 

Health: Epidemiology 

!5A NCAC !9B .0202 - Granting Permits 

Agency Revised Rule 
!5A NCAC !9D .0407 - Medical Eligibility 

Agency Revised Rule 
!5A NCAC !9D .0408 - Medical Eligibility: Licensed Nursing Home Svcs 

Agency Revised Rule 

Laboratory Ser\'ices 

!5A NCAC 20 A .0002 - Definitions 
Agency Revised Rule 



ARRC Objection 7119:90 
ARRC Objection 7119190 
ARRC Objection 7i!9:90 
ARRC Objection 7119,90 



ARRC Objection 7I!9:90 



ARRC Objection 5/17190 
Obj. Removed6l21i90 
ARRC Objection 5/17/90 
Obj. Removed 6/21/90 



ARRC Objection 6; 21, 90 
Obj. Removed 7/19/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19:90 



ARRC Objection 5/ 17/90 
Obj. Removed 6/21/90 
ARRC Objection 5/ 17/90 
Obj. Removed 6/21/90 



ARRC Objection 6/21/90 
Obj. Removed 7/19/90 
ARRC Objection 6/21:90 
Obj. Removed 7/19:90 
ARRC Objection 6/ 2 1/90 
Obj. Removed 7/19/90 



ARRC Objection 6:21 90 
Obj. Removed 7/19190 



5; / / NOR TH CA R OLINA REGIS TER September 4, 1990 



7S4 



ARRC OBJECTIONS 



Wildlife Resources Commission 

ISA SCAC IOC .0501 - Scope and Purpose 
Agency Revised Rule 

HUMAN RESOURCES 

AFDC 

10 XCAC 49C .0101 - Eligibility for Coverage 

Go\cmor Morehead School 

10 \CAC 21 A .0301 - Eligibility 

Medical Assistance 

10 NCAC SOB .0311 - Reser^-e 
Agency Revised Rule 

"^'outh Senices 

10 NCAC 44E .1305 - Corporal Punishment and Child Abuse 

Agency Revised Rule 
10 NCAC 44 B .0504 - Medical Care 
10 NCAC 44 B .0506 - Room Restriction or Confinement 

LICENSLNG BOARDS AND COMMISSIONS 

Certification Board for Social Work 

21 NCAC 63 .0104 - Organization of the Board 

Agency Revised Rule 
21 NCAC 63 .0301 - Written Examinations 

Agency Revised Rule 
21 NCAC 63 .0403 - Renewal Fees 

Agency Revised Rule 

PI BLIC EDI CATION 

l;lementar> and Secondarv' Education 

16 NCAC 6D .0105 - Use of School Day 
Objection Reconsidered iind Failed 
Clincher .Motion Passed 

SECRETARY OF STATE 

Corporations Di\ision 

IS NCAC 4 .0101 - Location and Hours 

IS NCAC 4 .0102 - Administration and Functions 

IS NCAC 4 .0205 - Oxerpayment 

IS NCAC 4 .0206 - Documents Not Specifically Provided For 

IS NCAC 4 .0302 - Execution 

IS NCAC 4 .0303 - Rejection 

IS NCAC 4 .0305 - Cotrecti\'e Filings-Nonprofil Corp! Limited Partnerships 

IS \CAC 4 .0306 - Articles of Incorporation - Nonprofit Corporations 



ARRC Objection 6121/90 
Obj. Removed 7 j 19190 



ARRC Objection 7119190 



ARRC Objection 7:l9l90 



ARRC Objection 6121 190 
Obj. Removed 7 j 19:90 



ARRC Objection 5! 17 190 
Obj. Removed 6121190 
ARRC Objection 7:19 90 
ARRC Objection 7! 19,90 



ARRC Objection SU7I90 
Obj. Removed 6/ 2 1 190 
ARRC Objection 5^17^90 
Obj. Removed 6; 21 ,90 
ARRC Objection SI 17190 
Obj. Removed 6 21 90 



ARRC Objection 6121190 
7 i 19:90 



ARRC Objection 6 21.90 
ARRC Objection 6 21 ;90 
ARRC Objection 6'2li90 
ARRC Objection 6' 2 1 190 
ARRC Objection 6 21:90 
ARRC Objection 6 2E90 
ARRC Objection 6: 2 1 i90 
ARRC Objection 6 21/90 



7S5 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



ARRC OBJECTIONS 



18 NCAC 4 .0307 - Application For Resen'alion of Corporate Name ARRC Objection 6,!2J;90 

18 NCAC 4 .0308 - Registered Office and Registered Agent ARRC Objection 6/2/ 190 

18 NCAC 4 .0311 - Art of Merger j Share Exch ;G.S. 55-11-07155.4-42.1 ARRC Objection 6121190 

18 NCAC 4 .0312 - Appl For Cert of Authority i Foreign Prof Corporation ARRC Objection 6:21190 

18 NCAC 4 .0313 - Filing Merger Im'ohing Foreign Corporation ARRC Objection 6! 21 190 

18 NCAC 4 .0314 - Filing Evidence of Dissolution! Foreign Nonprofit Corp ARRC Objection 6121/90 

18 NCA C 4 .0316 - Form for Annual Report ARRC Objection 6/21/90 

18 NCAC 4 .0401 - Documents ARRC Objection 6/21/90 

18 NCAC 4 .0402 - Cert of Facts 'Certificate of Exit/ Authorization ARRC Objection 6/21/90 

18 NCAC 4 .0501 - General ARRC Objection 6/21190 

18 NCAC 4 .0502 - Words Prohibited in Addition to Statutorv Prohibitions ARRC Objection 6/2/ 190 

18 NCAC 4 .0503 - Deceptnely Similar and Distinguishable Names ARRC Objection 6/21/90 

18 NCAC 4 .0504 - Filing Fictitious/ Assumed Name/ Foreign Corporation ARRC Objection 6/21/90 

No Response Received From Agency 7/19/90 



Securities Division 



18 NCAC 6 .1210 - Securities Exchgs/.Auto Quotation Sys Approve/ Admin 
No Response Received From Agency 



ARRC Objection 6/21 !90 
7/19i90 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



786 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Re^isier lists the recent decisions issued by the S'orth Carolina Supreme Court. 
Court of Appeals, Superior Court (when available I , and the Office of Administrative Hearings which 
imalidate a rule in the Sorth Carolina Administrative Code. 



Ill NCAC 5R .0317(g) - UITHDRAfVAL OF A CERTIFICATE 

Robert Roose\elt Reilly, Jr., Administrati\-e Law; Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) \oid as applied in Dawn Health Care, a Sorth Carolina General 
Partnership. Petitioner v. Department of Human Resources, Certificate of Seed Section. Respondent (90 
DHR 0296). 



7S7 5:11 NORTH CAROLINA REGISTER September 4, 1990 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code fNCACj -has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DFV ISIONS OF THE NORTH CAROLINA ADMINISTRATrV'E CODE 



riLE 


DEPARIMENT 


LICENSING BOARDS 


CHAPTER 


1 


AdmLnistration 


Arcliitecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic /Vrt Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Governor 


Eorestcrs 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Litters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery- Joint Committee 


33 


16 


PubUc Education 


MortuaPv' Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


^21 


Occupational Licensing Boards 


Optometry 


42 


1") 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Ph\'sical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


5Q 






Podiatn' Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surveyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








VeterinaP)' Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:11 NORTH CAROLINA REGISTER September 4, 1990 



788 



CUMULA THE ISDEX 



CLMLLATIVE IXDEX 

(April 1990 - March 1991) 



1990 - 1991 

Pages Issue 

1 - 151 1 - April 

152 - 235 2 - Apnl 

236 - 285 3 - Mav 

286 - 312 4 - Mav 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - Julv 

514 - 603 8 - July 

604 - 635 9 - Ausust 

636 - 723 10 - August 

724 - 791 11 - Scp'tember 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NF - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporan.' Rule 



ADMIMSl RATION 

State Property and Construction, 411 PR 

ACRK ILTIRE 

Markets. ~r PR 

Plant Conser\'ation Board. 1 PR 

Plant Industrv-. 739 PR 

State Fair. 737 PR 

Structural Pest Control Committee, 7 PR 

CORRKCTION 

Di\ision of Prisons, 762 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Hidiwav Patrol. 53 PR 

Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMIN.ITV DE\ ELOP.MENT 

Banking Commission. 16 PR 
Communitv Assistance. 25 PR. 31" PR 



'89 5:11 AORTH CAROLLXA REGISTER September -f. 1990 



CUMULA TIVE INDEX 



Credit Union, 317 PR 

Hazardous Waste Management, 742 PR 

Milk Commission, 24 PR, 741 PR 

EXVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal ManaRement, 136 PR, 292 PR, 707 PR 

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR 

Health Services, 190 PR, 565 PR 

Land Resources, 744 PR 

Manne Fishenes, 63 PR, 484 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 

Water Ireatment Facility Operators Board of Certification, 621 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR, 563 PR, 748 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 241, 286, 316, 605, 638 

FESAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR 

CO\ ERNOR/LT. GO\ ERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724 

HUMAN RESOURCES' 

Acing, Division of 704 PR 

Facility Services, 516 PR, 702 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR 

Services for the Blind, 412 PR 

Social Services, 247 PR, 607 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

■^'outh Services, 261 PR 

INSURANCE 

Actuanal Services Division, 480 PR 
Agent Services Division, 321 PR, 520 PR 
Financial Evaluation Division, 342 PR, 525 PR 
Fire and Casualtv Division, 335 PR, 478 PR 
Life: Accident and Health, 264 PR, 287 PR, 529 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Cnminal Justice Education and Training Standards Commission, 704 PR 

Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Cosmetic AiX Exammers, Board of 355 PR, 708 PR 

Electrical Contractors. Board of Examiners of 356 PR 

Medical Exammers, Board of 207 PR 

Mortuary Science, Board of 749 PR 

Nursing, Board of 300 PR, 496 PR 

Nursing Home Administrators, Board of 750 PR 

Phv sical Therapy Examiners, Board of 443 PR 

Plumbing and Heatmg Contractors, Examiners, 621 PR 

Practicing Psychologists, Board of 755 PR 

Real Estate Commission, 625 PR 



5:11 NORTH CAROLINA REGISTER September 4, 1990 790 



CUMULA TIVE INDEX 



PI BLIC EDLCATION 

Elemcntar)- and Secondar)', 141 PR, 275 PR, 351 PR 

RE\ENLE 

Individual Income Tax, 359 FR 

License and Excise Tax Division, 445 FR 

Sales and Use Tax, 213 I- R, 453 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 
Sccunties Division, 293 PR, 495 PR 

STA FE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR. 756 PR 

SI A FE TREASL RER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STA FEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORFAIION 

Hiahwavs, Division of, 765 FR 

Motor Vehicles. Division of. 222 FR. 773 FR 



'91 5:11 NORTH CAROLINA REGISTER September 4, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the nev,' subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



A'olumc 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


I - 52 


FuU Code 

1 
2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 

12 
13 
13 
13 
14A 

15A 
15A 
15A 
15A 
15A 


1 - 37 
1 - 24 
25- 52 
1 - 4 
1 - 2 

3- 20 
1 - 2 
3-4 

1 -4 
1 - 12 
1 -9 
1-4 

I -2 
3A- 3K 
3L- 3R 

3S - 3U 

4- 6 
7 

8-9 
10 

II - 14 
15- 17 
18 

19-30 
31 - 33' 
34-41 
42 
43- 51 

1 - 15 
1 - 12 
1 - 6 
7 

8- 15 
1 - 11 

1 -2 
3-6 

7 

8-9 

10 


All titles 
Administration 
Agriculture 
Agriculture 
Auditor 

ECD (includes ABC) 
ECD 

Correction 
Correction 
Council of State 
Cultural Resources 
Elections 
Governor 
Human Resources 
Human Resources 
Human Resources 
(includes CON) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 
Justice 
l^bor 
OS HA 
Labor 

Crime Control and 
Public Safety 
EHNR (includes EMC) 
EHNR 

Coastal Management 
EHNR 
Wildlife 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 

30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



N'olumc lillo 







New 


( haptcr 


Subject 


Subscription 


11 - 18 


rilNR 


90.00 


19- 26 


1 HNR 






(includes Breathafcer) 


75.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 - 7 


Secretan' of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


licensing Boards 


75.00 


17 - 37 


Licensins Boards 


75.00 


38- 70 


Licensing Boards 




1 . T 


Administrative Procedures 


75.00 


1 _ -) 


Communitv Colleses 


10.00 


[ . 2 


Independent Agencies 


10.00 




State Personnel 


60.00 


1 - 4 


Administrative Hearings 


10.00 



Quantity 



Total 
Price 



39 


15A 


40 


15A 


41 


16 


42 


17 


43 


17 


44 


18 


45 


19A 


46 


20 


47 


21 


48 


21 


49 


21 




->i 


50 


23 


51 


24 


52 


25 


53 


26 



Total 



f Mukc checks payable to OJJice of Administrative Hearings.) 

* Ihis price mcludes the title in its current form plus supplementation for the subscription _\ear. 
Subscription years are Januaiy I through December 31 . 



MAIL TO: 



OLFICL OF ADMINISTRATIVE HEARINGS 

POST OFFICE DRAWER 11666 

RALEIGH, NORTH CAROLINA 27604 



P09LZ BUijOJEO qyoN 'qSiaic^ 
99911 jaMEjQ o d 

s3uuB3H aAiiBJ^siuiuipY jo a9!jjO 



dWVlS 
33V1d 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



n Please enter my subscription for the North Carolina Register to start with the iss 

($105.00)/year subscription) 

D Renew North CaroUna Register 

D Check Enclosed D Please bill me 

Please make checks payable to Office of Administrative Hearings 

NAME ADDRESS 

CITY STATE ZIP 

PHONE 



(Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings jMj t, I f ll^f 

p. O. Drawer 11666 ''>l|- 1 A W^^ 

Raleigh, North Carolina 27604 ' ^'^ ^'^ *^ "^^ 



FIRST CLASS MAIL 




SEP-/.'9Q 



:-".^ 1.0 






585 
UNIU. OF NORTH CAROLIHft 
LAU LIBRARY 
UAH HECKE-METTACH 064-A 

CHAPEL HILL 



HC 27514